Nashville Personal Injury Attorney

Your heading out to run errands, and out of nowhere your car is destroyed and an ambulance is taking you to the hospital, what to do next? The questions are endless, who pays for my car? who pays for my medical bills? In a car wreck in Tennessee, what if they say I am just a small part at fault, what then? It can be a large puzzle to piece together.

First lets starts with, can they say I am partly at fault? Sure, the insurance company can use all defenses allowed under law. Does it mean they are right? No, just because they initially say you may be partly at fault does not mean that you are, there are many defenses for car wrecks and their initial evaluation may not be correct. In Tennessee even if you are slightly at fault in a car wreck there is still possibility of recovery under the comparative fault doctrine.

Who pays my medical bills? Usually your own insurance, however under most situations they have a right to what is called subrogation, meaning should you recover from the person that hit you, then your insurance provider has a right to recoup some of their costs associated with providing your insurance coverage. In some situations subrogation is not required due to some union contracts, so each situation is definitely different and must be treated as such.

How do i get another car? Most of the time the insurance provider for the person that hit you will have an adjuster come out and look at your car, wherever it may be.  They will then make you an offer for you car and then take it for salvage and sell it. In most situations you are entitled to roughly the blue book value on your car.

Will they pay for lost work and the pain that occurred to me as a result of the accident? Each car wreck is a different situation, most of the time there is recovery for the pain you endured and the lost time at work. The lost time at work must be documented from your human resource department. Since pain is something no one can really see, it is a recovery that is based on many factors including things such as the damage done to your car, type of injury you sustained, any surgeries required, broken bones or physical therapy.    

Please give my law office a call to discuss your car wreck, we would be pleased to hear from you. If you cant come to us, we will make every effort to come visit you. You can phone us 7 days a week at our office local (615)308-2633 or toll free (877) 271-2633, please feel free to call.

www.nashvillepersonalinjuryattorneyinfo.com

Daniel L. McMurtry, Esq.

You have been  hit in a car accident, its not your fault, but now you are without a car, you have mounting health care bills, the person that hit you has not had their insurance contact you, What now? As your attorney in a personal injury claim I can work with the insurance company to get your claim moving to a resolution. I can contact the individual that hit you and ask them to turn the claim into their insurance company, and then begin gathering your medical records and begin discussions with the insurance company insuring the driver that hit you. As your attorney my representation begins as soon as you decide I am the right attorney for your claim. I personally handle your claim from start to finish, it is never handed off to an associate. 

Understanding Tennessee Personal Injury Accidents

There are two major components to most personal injury car wreck claims, the first is liability. In Tennessee we have what is called or refered to as comparative fault, simply meaning you may still recover for an auto accident in Tennessee as long as you are not more than 49% percent at fault. This would affect a jury verdict by simply deducting the percentage of  fault from your judgment, If you received $10,000.00 in a settlement or verdict, you would deduct $4,900.00 dollars for your portion of fault, if you were 49% at fault.

The second major component of a personal injury claim in Tennessee is damages. Damages are things you have incurred as a direct result of the accident, things like medical bills, lost wages, property loss, and a few other things. Damages must be proven, they cannot be speculative in Tennessee, in other words you need proof. Medical bills are often the primary source of loss and or damages. I start by requesting a copy of all of your medical bills that you have incurred as a result of your car accident, along with your medical records. As your attorney it is always important to understand your damages and know how you will prove them early on in the case. 

Most people are unaware that when you are in a car wreck in Tennessee and your health insurance pays your initial bills, generally you must pay them back when you receive compensation from the insurance company insuring the driver that hit you, this is called subrogation. It also applies if your car insurance company is billed under your med pay policy on your insurance, you must pay this back, and again it is called subrogation.

Should you need assistance in your personal injury accident, please give the law office a call at our toll free number of (877) 271-2633 or local at (615) 308-2633, we look forward to hearing from you.

Daniel L. McMurtry, Esq.