Calculating Chattanooga car accident damages can be a complicated process dependent upon many specific factors in an individual’s case. While this may feel overwhelming to face alone, know that a car accident lawyer has the ability to help give you an idea of what to expect, and how to potentially overcome damage cap obstacles. Read the below information to learn more about calculating Chattanooga car accident damages, as well as the benefits of calling a seasoned collision attorney early on in your case.
How Are Non-Economic Damages Calculated and Who Calculates the Damage Award?
The damage award for non-economic damages in Chattanooga car accidents is usually calculated by the case’s jury. If the individual is entitled to a jury (which in most car collision cases in Tennessee, the individual is), then the jury has the right to decide how much the individual’s non-economic damages are and will decide, based on their life, what they think a fair sum would be to replace what was taken away from that individual in the form of pain and suffering, mental anguish, fear, worry, anxiety, humiliation, or embarrassment.
Typically that amount has to be gauged towards the severity of the impact that the injury had on their life, their ability to live, their ability to continue to make a living, their ability to contribute to their family, and their ability to enjoy life. The amount of time the individual suffered from their injury is also a factor.
Damage Caps on Chattanooga Car Accident Cases
A case’s damage cap is a statutory limit created by the legislature stating that no matter how badly an individual is injured, a jury’s verdict awarding them more money than this cap will not be enforced. So if a jury awards an individual more money than the damage cap allows, the court will only require the defendant to pay the amount of the damage cap.
In Tennessee, the damage cap is typically $750,000 for non-economic damages. There are no caps on economic damages. For particularly catastrophic cases, the damage cap goes up to $1 million, but never higher than $1 million.
Know that there are ways to potentially circumvent the caps on an individual’s non-economic damages. One way is to link the case to economic damages, prove lost future income, future medical treatment, and other costs in the future that have not occurred yet. It would take great detail to determine future costs and losses, but an experienced attorney can make sure that nothing gets left out of those numbers. A professional lawyer can also focus on the defendant’s conduct, try to show that the defendant was beyond negligent and acted with intentional disregard for safety, recklessness, or wanton disregard for safety in an attempt to get past the damage cap.
Role of an Attorney in Calculating Chattanooga Car Accident Damages
If the plaintiff attains a lawyer for their case, they can play an extremely large role in the amount of damages that are recovered, starting with investigating the case to prove that the defendant is at fault. The case would depend on the attorney making sure that the defendant sees the result of their conduct and make sure that the insurance company sees that the defendant’s conduct will be very poorly received by a jury. This cannot be done without carrying out a large amount of investigation legwork.
A potential lawyer also has to understand all of the insurance coverage that is available. Often times there is hidden insurance coverage that defendants do not want people to know about when calculating Chattanooga car accident damages. It is then the potential attorney’s job to understand exactly how much insurance coverage is available in any case and then to negotiate with the insurance company. A well-presented package documenting the investigation and injuries of the plaintiff is a very significant way to potentially increase the amount the insurance company will offer. There are certain strategies and techniques to maximize the amount an insurance company will offer in settlement.
A dedicated attorney knows how to try these cases and can use many strategies in an attempt to convince the jury in their favor. Finding the right lawyer is very important, because they play an extremely large role in how much the insurance company is willing to pay on the case. If the insurance company knows that a particular attorney never tries cases, settles every case, and is afraid to go to trial, they will pay a lot less money to settle. Reach out to a weathered Chattanooga car accident lawyer today for your initial consultation.
