Harlene Labrum | April 12, 2024 | Car Accidents
What Does a Car Accident Lawyer Do?
After a traffic collision in Nashville, you may wonder what a car accident lawyer can do for you and whether you need one to handle your case.
Even if you were involved in a minor car accident or your injuries are not life-threatening, you are likely to incur medical bills and other expenses. You may be out of work and experience lost wages while you heal from injuries caused by a crash.
Under Tennessee personal injury laws, you could be entitled to compensation for your injuries and damages. A Nashville personal injury lawyer can pursue injury claims on your behalf.
Experienced car accident lawyers do many things to help victims receive fair settlements for their claims, including:
Determine the Cause of the Accident and Gather Evidence
Tennessee is an at-fault state for car accidents. You must prove someone else caused the crash to recover compensation for damages.
A car accident lawyer will investigate the crash to determine how it occurred. They’ll identify all parties contributing to the collision and gather evidence proving fault. An attorney has the resources and skills to investigate the accident, including hiring expert witnesses when necessary.
Assess Your Damages to Determine How Much Your Claim Is Worth
Generally, accident victims can receive compensation for their financial losses or economic damages. These damages include out-of-pocket expenses, lost wages, property damage, and medical bills.
Tort law also allows injured parties to seek non-economic damages for the pain and suffering they experience. These damages also include compensation for impairments, diminished quality of life, and emotional distress.
An attorney will document your damages and calculate the value of your case. They will also evaluate your case to determine if the facts support punitive damages, which a jury may award to punish the party who caused the accident.
Insurance companies seek to lower the value of cases. Accepting a settlement offer without seeking legal advice is not in your best interest.
Defend You Against Allegations of Shared Fault
Contributory fault bars a victim from receiving damages if they contributed to the cause of their injuries. Tennessee does not use contributory fault. Instead, the state adopted a modified comparative negligence standard (see McIntyre v. Balentine, 833 S.W.2d 52).
Comparative negligence apportions damages based on a party’s fault. If you are 10% to blame for causing the car accident, you are responsible for 10% of the damages. In other words, your compensation is reduced by ten percent. However, if you are 50% or more to blame, you cannot recover any money for damages.
Therefore, you should never admit fault without speaking with an attorney. Talking to an insurance adjuster without legal representation could hurt your case. Insurance companies twist what victims say to imply fault.
Prove the Elements of a Negligence Claim
Winning a car accident case requires you to prove that the other party was negligent in causing your accident. In other words, the other driver did not use reasonable care when operating the vehicle.
The elements of a negligence claim are:
- Duty – The other party had a duty of care
- Breach of duty – The other party’s conduct did not meet the reasonableness standard
- Causation – The other party’s conduct caused the car crash
- Damages – You sustained injuries and other damages because of the other party’s conduct
A Nashville car accident lawyer understands the law and the evidence required to meet the burden of proof. If your case goes to court, an experienced trial lawyer understands how to present evidence to a jury.
Negotiate a Fair Car Accident Settlement
Most car accident cases are resolved through negotiated settlements. An attorney with experience handling car accident claims will likely be a resourceful negotiator. They understand how to persuade the insurance company to pay a fair amount for your claim.
An attorney may file a lawsuit as part of their negotiating strategy. The lawsuit can put pressure on the insurance company to settle the case. If the insurance company refuses to negotiate a fair settlement, your attorney will be ready to take the case to trial.
You have a limited time to file a car accident claim. The Tennessee statute of limitations bars claims filed after the time expires. A Nashville personal injury attorney will monitor the statute of limitations for your case to protect your right to file a lawsuit and go to court if necessary.
Contact the Nashville Car Accident Attorneys at Labrum Law Firm Personal Injury Lawyers Today
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