State Laws Addressing Claims
The following state laws address filing claims or the amount of damages that may be recovered by personal injury claims:
Statute of Limitations
Tennessee auto accident statute of limitations (Tennessee Code section 28-3-104) requires car accident victims, including drivers, passengers, bicyclists, motorcycle riders, and pedestrians, to file claims against the person responsible for the accident within one year of the date of the auto crash.
Modified Comparative Negligence
Tennessee is a "modified comparative negligence" state. Under the modified form of comparative negligence, the damages that you may recover will be reduced by your percentage of the negligence. For example, if the jury awards $80,000 in total damages, and your share of negligence was found to be 25 percent, your total award will be reduced by 25 percent. Thus, you will only receive 75 percent of $80,000 ($60,000).
Additionally, you will only recover damages if you were less than 50% responsible for the accident. This is sometimes referred to as the "49 percent rule" which requires that an injured driver be less at fault than the defendant in order to receive compensation.
According to Tennessee Code Annotated section 20-5-106, wrongful death is defined as a death that was caused by "injuries received from another" or by "the wrongful act, negligence, omission, or killing by another."
Section 20-5-107 of the Code specifies that only the following individuals are allowed to file a wrongful death lawsuit, in order:
- The surviving spouse of the deceased person
- The child or next of kin of the deceased person
- The parent of the deceased person
- The personal representative of the deceased person
Filing a wrongful death lawsuit can help the victim's family hold the liable party responsible, seek financial compensation, and regain financial stability after an expected death.
Hiring a Personal Injury Attorney
Car accidents often have significant long-lasting consequences on the physical, financial, and emotional health of the victims and their loved ones. However, you don't have to go through such a devastating experience alone. Hiring a knowledgeable Tennessee personal injury attorney immediately is crucial to protect your rights and help you pursue your rightful compensation.
At the Law Offices of Fisher Wise, I have dedicated my career to protecting the rights of auto accident and personal injury victims. As your attorney, I can help you:
- Review your case and carry out a comprehensive, private investigation
- Collect necessary information, evidence, and documentation
- Prove fault and establish liability
- Determine and estimate case-value
- Handle all communications and negotiations on your behalf while you focus on your recovery
- Negotiate a fair settlement with the insurance provider
- File a personal injury or wrongful death lawsuit, if need be
I will fight compassionately to protect your rights, represent your best interests, and help pursue fair financial compensation for your injuries and damages.