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Car Accident Chest Pain

Posted by Harlene Labrum | Oct 10, 2022

 

Car Accident Chest Pain

A car crash is always traumatic, even when minor, and has the potential for extensive personal and property damages. The collision can also be costly, and when another driver's negligence is the cause, you should not have pay for your losses. Civil laws in this state will allow you to hold the careless motorist financially accountable. Many injuries a person may sustain are not immediately evident or easy to spot. If you experience chest pains after a crash, it could mean severe injuries and require immediate medical care. The pain could indicate severe damage even when they are not unbearable. If you have questions about car accident chest pain or need help to recover damages, contact an experienced car crash lawyer at Labrum Law. Reach our experienced personal injury attorneys at our office at 615-338-9500.

Potential Causes of Chest Pains After a Car Crash

Sudden braking may jolt the driver or passenger's body during a car crash and cause injuries. A victim could sustain seatbelt damages or suddenly impact the steering wheel or dashboard. It is not uncommon for these accidents to cause injuries leading to chest pains. Some of the most common reasons for chest discomfort or pain include:

  • Fractured, broken, or bruised ribs
  • Bruising and blunt trauma
  • Injuries from the inhalation of chemicals from airbag deployment
  • Internal organ injuries and bleeding
  • Muscle strain
  • Chest wall injuries

Whether the injured party is experiencing severe chest pain or discomfort, they must seek medical attention immediately. Leaving many of these conditions untreated can lead to life-altering injuries that could have devastating effects on their lives. In serious cases, these injuries could be life-threatening and lead to death.  

Insurance Company Communication

After a vehicle collision, the other driver's insurance company will likely reach out right away. They will ask for a statement from a victim and discuss possible settlement amounts. Insurance representatives will often seem kind, and appear to want to help. However, they are working in the insurance agency's best interest and will usually attempt to settle quickly at a low amount. It is usually not a good decision to speak directly with insurance adjusters without first seeking the advice of a car accident chest pain lawyer. An experienced car accident attorney at Labrum Law could handle communication and negotiations to help ensure your legal and financial rights remain protected.

Time Limit to File Legal Action After a Car Crash

State statute sets a time limit for filing a claim for damages after a car accident with a negligent motorist. According to the Tennessee Code Annotated section § 28-3-104, the claimant must file the lawsuit with the civil court within one year of sustaining the injuries. In most cases, the clock will begin running on the day of the collision. One year does not leave much time to commence legal proceedings, and it is important to consider visiting with a seasoned attorney to help you understand your legal rights and to potentially help prepare your case. Failure to submit a petition with the civil court before the statute's expiration will likely leave the victim ineligible to recover compensation for damages.

Statute of Limitations Exceptions

The timeframe to file a civil claim in personal injury cases is short at only one year. However, the statute allows for certain exceptions. Potential reasons to extend the rule include:

The Discovery Rule

After a crash, the plaintiff may not realize they sustained injuries right away. In that case, the statute will begin running on the date they knew or should have known of the damages through exercising reasonable care and diligence.

Plaintiff's Age or Mentally incapacitated

There is also an exception if the plaintiff is a minor or suffers injuries that cause mental incapacitation. In those cases, the statute will begin running on the day of the injured party's 18th birthday or upon competence restoration and expire one year later.

The Defendant Leaves the State

If the negligent motorist leaves the state after the car accident, but before the plaintiff files a civil claim, the statute will begin running when they return. This exception could also apply if the defendant resides outside the state of Tennessee.

The Negligent Driver is Facing Criminal Charges

If the state charges the defendant criminally, there is also an exception for the civil filing deadline. If they cause the crash by driving under the influence, reckless driving, or other unlawful acts, the statute allows the plaintiff to file the claim within two years of the accident.

Recovering Damages after a Car Accident

The court could award damages under two major categories after the injured party and their attorney proves the negligent driver is liable. Award amounts could cover economic damages for the plaintiff's verifiable monetary losses in the crash, and the statute does not limit the recovery amount for these damages. The other category is non-economic damages and covers the subjective and non-monetary losses a person suffers from personal injury claims. The Tennessee Supreme Court limits these damages to $750,000 per person unless there are catastrophic injuries. With severe and life-altering injuries and catastrophic results, the limit is $1 million per person. Award amounts could cover:

  • Current and future medical expenses that relate to the accident.
  • The loss of salary and future earning potential.
  • Expenses for home modifications if necessary after the crash.
  • Compensation for personal property damages.
  • The non-economic damages could cover pain and suffering, mental anguish, and any emotional distress the plaintiff suffers from related injuries.

While not as frequently, the court may award punitive damages in some personal injury cases. The defendant might pay additional damages if the accident occurred because of malice or reckless wonton, and the law caps compensation at $500,000 per person.

Schedule a Consultation With an Experienced Car Accident Attorney Today

While civil law does not require that the injured party obtain an attorney in personal injury claims, it is important to consider learning all your legal options. An experienced car accident attorney can handle insurance company communication and negotiations to ensure your legal rights are protected, and work to receive the compensation you deserve and you need for a complete recovery. A seasoned attorney at Labrum Law cand also take all the civil filing legal work off your hands while you focus on rest and recuperation. A skilled car crash lawyer could advocate on your behalf inside and outside the courtroom and fight aggressively for a just settlement amount. For more information about car accident chest pain, contact Labrum Law at 615-338-9500.

About the Author

Harlene Labrum

Harlene is focused and passionate about helping those injured in car wrecks.  She earned her J.D. at Nashville School of Law and her Bachelor's degree at State University of New York at Albany, awarded with the highest GPA and high honors.  Harlene began her career in law as a personal injury par...

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