Cleveland, TN Car Accident Lawyer
If you drive a car regularly, chances are you have seen—or perhaps even personally experienced—a car collision. Any accident can result in significant physical and financial stress. The good news is that legal help is available for anyone who is in a car wreck.
If you are involved in such an accident, a Cleveland car accident lawyer may be able to assist you in obtaining compensation. One of our experienced attorneys could examine your accident and exactly how it happened, then advise you on your chances of obtaining legal compensation from the responsible party or parties.
Laws Relating to Car Accidents
In Tennessee, an individual may file a civil lawsuit to recover damages incurred as the result of a car accident. The statute of limitations for such a lawsuit differs depending on the type of injury suffered. According to Tennessee Code Annotated §28-3-104, an individual has one year to file a lawsuit for damages based on any sort of personal injury. However, under T.C.A. §28-3-105, a person has three years to recover from any personal property damage, such as damage to a car.
State law also limits the amount of certain damages that may be collected in Cleveland car crash cases. T.C.A. §29-39-102 places a $750,000 cap on non-economic damages, such as those due to pain and suffering, that result from a physical injury. Also, the same statute mandates that a plaintiff cannot recover non-economic damages for a property damage claim. For example, an individual would not be able to claim pain and suffering due to any damage to his or her car. However, exceptions to these statutes exist and someone may be able to recover even more if he or she chooses the right attorney to handle the case.
Negligence Law
Lawsuits relating to car accidents may involve several legal theories, including negligence. A plaintiff asserting negligence generally must prove the following:
- The defendant owed the plaintiff a duty of care for their general safety and well-being
- The defendant breached that duty by, for example, driving carelessly or recklessly
- The defendant’s breach caused the plaintiff’s injury
In Cleveland, a plaintiff’s own negligent acts may reduce his or her potential compensation. For example, a plaintiff who is 20 percent at fault for a car accident may have his or her damage award reduced by that same 20 percent. However, if an individual is 50 percent or more at fault for the accident, he or she cannot recover any damages at all.
A car damage lawyer could provide more specific details about contributory negligence laws in Tennessee, as well as analysis of how negligence law may affect an individual’s specific case.
Get Help From a Cleveland Car Accident Attorney
An experienced attorney understands that car accidents and damage are often stressful. Even if your accident is not serious, you may have to deal with out-of-pocket expenses, such as repairing your car. However, you may be eligible to collect damages to recoup these expenses.
If you are wondering whether you might be able to obtain legal damages, contact us to speak with a Cleveland car accident lawyer today. We can help you determine whether you may benefit from filing a claim and may be able to use our experience to benefit you. Get in touch now to schedule a consultation.
