East Ridge Car Accident Lawyer
After any car accident in Tennessee and if you have suffered injuries or damage to your vehicle, it is essential to understand what your legal rights are for obtaining compensation. An East Ridge car accident lawyer could explain the laws governing your case and help you determine if you have grounds to move ahead with an injury claim.
An accomplished personal injury lawyer could also examine all possible avenues to seek monetary damages and present a compelling claim that details the full range of evidence in your case.
Deadline to File a Lawsuit
Tennessee Code Annotated § 28-3-104 establishes a strict statutory timeline in which an injured individual may bring a personal injury lawsuit to court. Any person injured in an East Ridge car accident, whether a driver, pedestrian, passenger, bicyclist, or motorcyclist, must file a lawsuit against the at-fault party within one year from the date of the crash. Failure to present a claim by the statutory deadline would likely result in the case being dismissed by the court.
If the auto accident caused someone’s death, that victim’s family or a representative of the decedent’s estate could present claim on his or her behalf. The case would still be subject to the one-year statutory deadline. However, the “clock” would only start to run on the day of the decedent’s death, which could be different from the date of the crash.
Lastly, if someone has their property damaged because of a car accident, Tennessee law provides the plaintiff three years to file his or her. A seasoned car crash attorney in East Ridge could help the injured party understand how the statute applies to his or her situation and pursue a claim on his or her behalf within the applicable time limit.
Types of Compensation
In the state of Tennessee, an injured party could claim any economic damages stemming from a car accident. Economic damages could include medical bills, lost income, property damage, and more.
While Tennessee law does not cap the economic damages, an East Ridge auto accident attorney could secure on the plaintiff’s behalf. Additionally, the state does place a $750,000 cap on non-economic damages in most cases. Compensation awarded for pain, suffering, and mental distress are all examples of non-economic damages.
Modified Comparative Negligence in East Ridge Auto Accident Cases
Tennessee courts adhere to the modified comparative negligence doctrine when awarding damages in auto accident cases. This means that the injured party could still recover compensation in a car accident lawsuit, even if they were partially responsible for the collision.
However, any damages awarded would be reduced by the share of liability assigned to the plaintiff. For example, if the jury determined that the plaintiff was 35 percent at fault for the accident, any compensation awarded would be reduced by 35 percent.
Furthermore, the plaintiff’s share of liability must not exceed 49 percent. If the court rules that the injured party was 50 percent or more at fault for the crash, they would recover nothing.
Schedule a Consultation with an East Ridge Car Accident Attorney
After a car accident, it is not uncommon to have more questions than answers and feel overwhelmed about what to do next. An East Ridge car accident lawyer could discuss your concerns and help you understand what legal options are available to you. Call now to schedule your initial consultation with an East Ridge car accident attorney.
