Harlene Labrum | April 1, 2024 | Car Accidents
Can You Sue for a Car Accident in Nashville if You Are Not Hurt?
Tennessee is an at-fault state for car accident claims. The person who causes an accident can be held financially liable for the victim’s emotional distress, physical injuries, and financial losses. However, the victim has the burden of proving the other driver caused the crash before they can receive compensation for damages.
Most car accident claims are settled by the insurance company for the at-fault driver. Tennessee drivers are required to have a minimum amount of liability car insurance. Liability insurance compensates accident victims for damages caused by an insured driver or someone driving a covered vehicle.
A victim is not legally required to settle a car accident claim with the insurance company. The victim may file a lawsuit in civil court against the party who caused the car accident. Generally, the driver’s insurance company hires a lawyer to defend the lawsuit.
But what about if the victim didn’t sustain any injuries? It may still be possible to file a lawsuit under some circumstances; this blog post will fill you in on the specifics.
What Damages Can I Receive for a Car Accident Case in Nashville, TN?
Car accident victims can receive compensation for their economic damages. These damages represent the expenses incurred by the victim because of the accident. Examples of economic damages in a car accident case include:
- Medical bills and expenses
- Out-of-pocket expenses
- Property damages
- Household services and personal care
- Lost wages and reductions in earning capacity
If you are injured in a car accident, you can also recover compensation for your pain and suffering. These damages are referred to as non-economic damages. Examples of non-economic damages for a car accident case include:
- Emotional distress
- Physical pain
- Loss of enjoyment of life
- Impairments and disabilities
- Mental anguish
- Scarring and disfigurement
- Diminished quality of life
Accident victims may experience severe pain and suffering because of their injuries. The psychological injuries caused by a car accident can be debilitating. A victim may experience PTSD (post-traumatic stress disorder), anxiety, severe depression, and other psychological disorders.
Can I File a Lawsuit if I Was Not Injured in a Car Accident in Nashville?
Unfortunately, the Tennessee Court of Appeals has ruled that the law does not permit recovery for emotional injuries based on claims arising solely out of property damage. In other words, if you are not physically injured in a car accident, you might be unable to sue for pain and suffering.
Most car accidents result in some type of physical injury. Therefore, this situation rarely comes up in car accident cases. Nonetheless, you still may be able to file a property damage claim for compensation in these instances. You might also be able to file a claim based on emotional distress alone.
Contact a Nashville car accident lawyer for help determining your best course of action. Claims for negligent infliction of emotional distress are complicated personal injury cases. You’ll need an experienced Nashville personal injury lawyer to help you with your case.
What Is Emotional Distress Related to a Car Accident in Nashville?
Emotional distress refers to the mental suffering a person experiences in response to an event, accident, or occurrence. Generally, emotional distress is diagnosed from the symptoms a person displays.
Examples of symptoms caused by emotional distress after a car accident include:
- Fear and anxiety
- Post-traumatic stress disorder (PTSD)
- Severe depression
- Night terrors and nightmares
- Embarrassment and humiliation
- Uncontrollable and persistent crying
- Loss of enjoyment of daily life and activities
- Psychological disorders
- Emotional outbursts
- Overwhelming panic attacks
- Problems with sleeping and/or eating
- Distress related to a disability or impairment
Proving pain and suffering damages can be challenging. The symptoms used to diagnose emotional distress are subjective, and medical records will likely serve as important evidence.
How Can I Improve My Chance of Receiving Damages for Pain and Suffering Caused by a Car Accident in Nashville?
You can help prove pain and suffering by keeping a journal after a car accident. Write down all the ways that your life is impacted by the accident. For example, you might now be afraid to get into a car and may not be able to get to your job.
If you suffer from depression, anxiety, or another condition, make notes about the effects you experience. How severe are your symptoms? For example, did you lose time from work or miss a big event because you were too depressed to leave home?
The more details you provide, the more a jury understands the profound impact the car accident had on your mental and emotional health and your everyday life. Painting a vivid picture improves your chance of recovering a fair amount for pain and suffering damages.
Seek prompt medical care after a car accident. Refusing medical care and/or stating you are “okay” or “fine” could hurt your case. The insurance company may argue that you were not injured in the crash. If you were not injured, you may be unable to recover compensation for emotional distress.
Contact the Nashville Car Accident Attorneys at Labrum Law Firm Personal Injury Lawyers Today
Call a lawyer as soon as possible for a free consultation if you intend to file a car accident claim without having suffered an injury. You may make mistakes and errors when dealing directly with the insurance company without a lawyer. These mistakes could negatively impact the outcome of your case.
For more information, please contact the Nashville car accident law firm of Labrum Law Firm Personal Injury Lawyers, to schedule a free consultation today.
We proudly serve Nashville, Brentwood, and its surrounding areas in Tennessee:
Labrum Law Firm Personal Injury Lawyers – Nashville
315 Deaderick St, Suite 1525
Nashville, TN 37238
(615) 685-8546
Labrum Law Firm Personal Injury Lawyers – Brentwood
320 Seven Springs Way, Suite 250
Brentwood, TN 37027
(615) 455-3384