Dealing with the aftermath of a car accident can be a stressful and frustrating situation.
You may be in pain from your injuries, unable to work, or even perform simple tasks at home. Your health insurance probably won’t cover all your medical bills or help with other expenses while you’re out of work.
On top of that, you likely have to pay to get the damage to your car fixed. Also, your car insurance company could decide to increase your premium, even if the accident wasn’t your fault!
If you’re struggling with overwhelming bills after an accident, a Tennessee car accident lawyer may be able to help. They can go over the details of your crash, determine who the responsible party might be (in most cases, an insurance company), and help you seek compensation for your damages.
Hurt? Call Our Tennessee Car Accident Attorneys
If you’re ready to do something about your car accident situation, Ali Awad, the founder and managing attorney at the CEO Lawyer Personal Injury Law Firm, is ready to help. Known as “the CEO Lawyer,” Mr. Awad grew a small law firm to an 8-figure firm in only three years.
In 2021, his firm was voted the fastest-growing law firm in the United States, beating out 499 others. The CEO Lawyer also has over a million followers on social media who look to him for no-nonsense legal advice.
If you or a loved one has been injured, don’t wait – call Ali Awad for a no-obligation, free consultation of your car accident case. The CEO Lawyer and his team work using a contingency basis, so they don’t get paid unless and until you do.
There is nothing to lose by calling (423) 777-8888 to learn all the options for your case.
What Is the “Modified Comparative Fault” Rule?
When car accidents happen, it’s common for both parties to insist that the other driver is entirely to blame. Sometimes, one of them is right, but in many cases, both drivers contributed to the accident.
Maybe one driver was speeding, but the other ignored a stop sign. The second driver was wrong for running the stop sign, but if the first driver had been going slower, they might have been able to stop in time to avoid the crash anyway, so whose fault is it?
If this case were to go to court, the jury might find that both drivers contributed to the accident. Under Tennessee’s “modified comparative fault” rule, the driver who was found to be less than 50 percent responsible for the accident could collect damages from the other.
Their award would be reduced by whatever percentage they were found to be at fault. So if the second driver was 80 percent at fault, and the first driver 20 percent at fault, and the damages were $10,000, then the first driver would receive $8,000.
How Long Do I Have to File a Lawsuit for My Car Accident?
There are several deadlines to consider here. The first step in most car accident cases is filing a claim with the at-fault party’s insurance carrier.
Almost all insurers require that the claimant either file a claim or at least let the insurance carrier know about the accident within a “reasonable amount of time,” typically no more than a few weeks after the accident. You can check with the specific carrier to see if they have a more detailed deadline.
In many cases, we can negotiate with the insurance company and secure a fair amount of compensation for the client without ever having to file a lawsuit. But in some situations, the insurer simply won’t agree to an equitable settlement, and it becomes necessary to file a lawsuit against the insurer.
In other cases, the insurer may be willing to pay to the limit of the policy (the maximum amount a policy will pay for bodily injury liability), but the client’s damages far exceed that amount. At that point, you have the option to sue the other driver directly. In this case, you will need to file your lawsuit within one year of the crash.
If you’re thinking that the insurance company may drag its feet responding to your claim, leaving you with less time to file a lawsuit, that’s a possibility. For this reason, we recommend contacting a Tennessee car accident lawyer right away.
The sooner they get started on your claim with the insurance carrier, the sooner you’ll know if you need to take further legal action.
One last thing to note about the statute of limitations is that if you lost a loved one in an accident, you have one year from the date of their death to file a wrongful death lawsuit in Tennessee. Sometimes, this is different from the date of the accident, for example, if the deceased person was taken to a hospital and passed a few days or weeks later.
Do I Still Need a Lawyer if the Car Accident Wasn’t My Fault?
Yes. A lawyer can help protect your rights and ensure you receive an appropriate settlement.
There are several reasons it’s important to have legal representation even if you are not at fault in the crash:
- The insurance company representatives will look for any and every way to get out of paying your claim. They may claim the accident was all or mostly your fault, even if it wasn’t. They might say that it isn’t covered because of some random clause in the policy. They could call to “ask you a few questions” and use anything you say against you. Some people are surprised to learn that the insurance adjuster has interpreted a random comment to mean the accident was their fault! For all of these reasons, we recommend you talk to a Tennessee car accident attorney before pursuing a claim with the insurer. However, if your claim has already been filed and denied, we may still be able to help – call a lawyer before you do anything else.
- Another possibility is that the insurance company could just make you an offer. But not so fast – you don’t want to accept their offer until you get legal advice. Even if the insurer doesn’t fight your claim, they make you an offer that’s too low to cover all your damages. Many people don’t even realize all of the damages they should be seeking in a claim, so the offer may seem like a good deal. But in reality, you may be left on the hook for many accident-related costs you shouldn’t be.
- Even if the amount of the offer is fair, your lawyer can help ensure you understand the agreement you’re signing. In some cases, clients may not realize they’re signing away specific rights, or there may be other issues with the agreement. Your lawyer will bring anything important to your attention, but you can’t rely on the insurance company to do the same.
- If your damages have exceeded the insurance policy limit or are otherwise not covered by insurance, you may need the help of an attorney to figure out all the other parties you may potentially have a claim against.
- If the insurance company flatly refuses to pay a claim they should for any reason, your lawyer will be able to swiftly file a lawsuit and represent you at trial.
- Your attorney can help with the disbursement of your award, including distributing money owed to lien holders. Under Tennessee law, your health insurance carrier or Medicaid/Medicare and Worker’s Comp all have a right to recover the money they spent on your care if you’ve won a personal injury lawsuit.
Will I Have To Pay A Retainer For A Personal Injury Lawyer?
No. Most personal injury attorneys work on a contingency basis – you don’t pay us anything until we win your case, and then we take an agreed-upon fee from the recovery.
We know that the last thing you need right after a car crash is another bill.
Let Our Tennessee Car Accident Law Firm Fight For You
If you or a loved one have been harmed in a car accident or any situation caused by another’s negligence, you should consider securing legal representation. Ali Awad, the CEO Lawyer, is an experienced negotiator who is committed to achieving a settlement with the insurance company on your behalf.
In three short years, Ali Awad managed to transform a new personal injury law firm into an eight-figure company with some of the most experienced personal injury attorneys in Tennessee. More than twenty years of experience means these attorneys have a successful track record of more than 99%.
The CEO Lawyer has more than a million followers on social media for his enjoyable but practical legal advice. If you have questions or concerns about your car accident or other personal injury situation, call the CEO Lawyer and his team at (423) 777-8888 for a no-obligation consultation.
