Advice From a Car Accident Lawyer
The Lawyers of Brown & Roberto represent clients every day who have been injured in car accidents. With more than 75 years of combined experience and more than $45 million recovered for our clients, The Lawyers of Brown & Roberto know how to win.Can You Recover Damages in an Accident?
If you did not cause the accident, you may be able to recover damages from anyone who was at fault in the accident. Even if it is determined that you were partially at fault, you may still be able to recover damages from anyone who is determined to be more at fault in the accident. For more details on this, check out our blog post on comparative fault.What Can You Recover?
You can recover for the injuries to your person and for your property damage. If your vehicle can be restored to the same value, you can recover for the cost of those repairs. Otherwise you can recover for the loss of the value of the vehicle.
For personal injuries you can recover for:
- The reasonable costs of necessary medical care.
- Your loss of earnings.
- Physical and mental pain and suffering.
- Physical disfigurement.
- Loss of enjoyment of life.
- Compensation for permanent injuries or disabilities.
Medical expenses and lost earnings can be calculated mathematically. There are no mathematical calculations, however, for the other elements included such as pain and suffering. These are determined in Court by the Judges or juries based upon what they believe to be fair and reasonable for your particular case. Most cases are settled before going to Court upon an evaluation of what a Judge or jury is likely to do based on prior experience.
Damages are usually paid by the liability insurance company of the person at fault. Sometimes there is not enough insurance coverage since the State of Tennessee only requires a minimum of $25,000 for each claim. Additional funds are often recovered through uninsured and underinsured motorist coverage. For more details, check out our blog post on insurance coverage.
Most of the time liability insurance companies will not pay anything toward your settlement until you have completed your medical treatment and have healed from your injuries. Obviously, this can take some time. In the meantime, if you have health insurance, it should pay for your medical expenses. Your health insurance provider may seek to recover those payments from your settlement. This is known as a Subrogation Claim.
If your personal injury claim is not settled within 1 year of the date of the accident, it must be filed in Court. If you do not file within the 1-year time limit, you will not be able to recover for your personal injuries.
If your property damage claim is not settled within 3 years of the date of the accident, it must be filed in Court. If you do not file within the 3-year time limit, you will not be able to recover for your property damages.Experienced Car Accident Attorneys
If you’ve been injured in a car accident, you need an experienced car accident lawyer who knows how to win. The Lawyers of Brown & Roberto will fight to ensure that you and your loved ones receive a full and fair recovery. Give us a call at (865) 691-2777 or contact us through our website Brown & Roberto, PLLC to set up a free consultation.