Tennessee courts have an abundance of
legal laws and regulations which come into play with regards to accident insurance claims and personal
injury lawsuits. These statutes play a major role in deciding how a settlement
negotiation will unfold in a car accident case, say Knoxville, TN accident
lawyers.
Time Limits for Tennessee Personal
Injury Lawsuits
Tennessee like many other states in the
country has a statute of limitations when it comes to personal injury claims.
This is a deadline within which you can file your claim with the county or
state court clerk. The clock starts ticking from the time of the accident
and/or from when the damages /injuries have occurred due to the car accident.
From this point onwards you have one year within which you will need to file a
personal injury lawsuit.
Shared Fault Law in the State of
Tennessee
When it comes to car accident laws, most
states in the country predominantly follow one of these three laws – fault
laws, no fault laws or comparative fault laws. Tennessee accident attorneys
reiterate that in fault insurance states the driver who is determined to be in
fault for the accident will be held liable and will have to pay for the damages
caused from his or her own or the respective auto insurer.
No fault laws are where irrespective of
who was at fault for the auto accident, all drivers involved and seeking
compensation should turn to their own auto insurers for damages. In no fault
states, you cannot file a civil lawsuit against the fault driver unless and
until the amount of damages or the injuries caused meet a certain amount or
severity as may be defined by the state.
Comparative fault laws are different
from both of the above and this is what is in effect in the state of Tennessee.
These laws may are also known as shared fault laws. The logic here is that all
the parties who were at fault in the auto accident will be responsible or
liable for the damages and how much money they are liable for will depend on
the extent of their fault in causing the car accident.
For example, if two drivers, A and B
were involved in a car accident and it was determined that A was 40% at fault
and B was 60% at fault then B will be responsible for 60% of the damages and A
will be responsible for 40% of the damages accordingly.
Now in the movie Jason Bourne with the
eponymous character Jason Bourne (Matt Damon), in the final action scene, you
saw the Asset (Vincent Cassel) run over and run through dozens of automobiles
and probably injured all sorts of people in Las Vegas. Now the Asset was not
anti-American, he did not put America at risk like the Secretary of State from
2009 to 2013 did, but the Asset was violent and if innocent people had to be
smashed out of the way to finally kill Jason Bourne, then so be it.
In his mind Bourne was anti-American and
causing all sorts of mayhem and getting into one car accident after another was
worth it (but the Asset was wrong and he was the one working for an immoral
boss).
This is fiction though! If you drive recklessly
and run into all types of cars, you will be held accountable and your insurance
company will despise you. Unless you have an extremely good reason (and the
Asset’s reason was not good enough as already indicated), you are probably
going to face the wrath of society.
Need legal help? Did someone hit you?
Press right here Accident.USAttorneys.com.
Cap on Damages
According to Knoxville, TN accident
lawyers, the state also has certain limits on how much money can be awarded as non-economic
damages in personal injury lawsuits. In accordance with the Tennessee Civil
Justice Act of 2011, an injured person can recover 100% in economic damages
such as medical expenses and loss of income due to the inability to work.
However, the cap on non-economic damages
such as permanent impairment, and pain and suffering is capped at $750,000 in
most cases while punitive damages is also limited to twice the amount of
compensation awarded or $500,000.
If you are injured
in an auto accident, to make the most of your claim make that first
positive step and call a Tennessee accident lawyer today. Contact us if you have any concerns.
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