bednarzlaw – Nashville Personal Injury Attorneys | Hendersonville TN https://www.bednarzlaw.com Thu, 27 Jan 2022 06:54:02 +0000 en-US hourly 1 https://wordpress.org/?v=5.4.13 Accidents During the Colder Months in Tennessee https://www.bednarzlaw.com/accidents-during-the-colder-months-in-tennessee/ https://www.bednarzlaw.com/accidents-during-the-colder-months-in-tennessee/#respond Mon, 27 Dec 2021 06:51:00 +0000 https://www.bednarzlaw.com/?p=1003 Accidents During the Colder Months in Tennessee

Stay safe when driving this winter—call our lawyer if you are in a crash.

When the weather cools in Tennessee, the risk of accidents tends to increase. While accidents can seem inevitable—especially in poor weather conditions—the reality is that nearly all car crashes are preventable. At the office of Bednarz Law, our experienced Tennessee motor vehicle accident attorneys can help you to understand causes of accidents during the colder months in Tennessee, as well as your legal rights if you’re involved in a crash. Call us today for your free consultation to learn more.

Top Causes of Accidents During the Colder Months in Tennessee

Nearly all accidents that occur in Tennessee, regardless of the month of the year, are a result of driver negligence. Things like driving while impaired or distracted, speeding, and driving aggressively are top causes of accidents year-round. With that in mind, the following may contribute to an uptick in crashes during the colder months of the year—

  • Holiday traffic. During the holidays, there tends to be a large increase in the amount of traffic, as many people hit the road to visit friends and family. What’s more, many out-of-towners aren’t familiar with roads, increasing the risk of an accident.
  • Poor weather. Of course, poor weather can play a role in the number of accidents. While snow is less common than it is in northern states, it does fall and can lead to dangerous road conditions. Precipitation and poor visibility, slippery roads, and weather-related traffic congestion can all increase the risk of a crash.
  • Poor lighting. With shorter days and less light, it may be harder for drivers to see, impacting visibility and the risk of a crash.

Avoiding Cold-Weather Accidents in Tennessee

By practicing safe, defensive driving behaviors, you can reduce your risk of being involved in an accident. Top tips for staying safe during the wintertime include:

  • Slow your speed, especially when visibility is poor or there is adverse weather
  • Give other drivers plenty of distance when following and lane changing, especially big trucks
  • Always know your route in advance
  • Leave a few minutes early or late to avoid the most congested times of the day
  • Service your vehicle to get it winter-ready
  • Always drive sober and distraction-free

Your Rights if You are Involved in a Tennessee Crash

If you are involved in a crash this holiday season, know that you have legal rights, including the right to seek compensation for your damages if the accident was caused by another’s negligence. You also have the right to work with an attorney, and at the law office of Bednarz Law, our Tennessee car accident lawyer will advocate for you. Our lawyer will help you to prove that your accident would not have occurred but for the negligence of the other party, and will aggressively negotiate to secure you the best settlement possible.

Call Today for Your Free Consultation

To learn more about your rights after a winter car accident, please call Bednarz Law directly today or send us a message online to request your free consultation.

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If My Uber Ride is in an Accident, Who Pays for my Injuries? https://www.bednarzlaw.com/if-my-uber-ride-is-in-an-accident-who-pays-for-my-injuries/ https://www.bednarzlaw.com/if-my-uber-ride-is-in-an-accident-who-pays-for-my-injuries/#respond Sun, 21 Mar 2021 05:49:00 +0000 https://www.bednarzlaw.com/?p=998 If My Uber Ride is in an Accident, Who Pays for my Injuries?

Everywhere you go in Nashville, you can notice cars with Uber or other rideshare stickers. Uber drivers provide a convenient way to get around, but the situation becomes decidedly less convenient if your Uber ride is involved in a car accident.


What happens then? Who is responsible for your injuries and losses? It is important to speak with an experienced Nashville Uber accident lawyer about the best course of action.

Who was At Fault?

As a passenger in an Uber, you know that you were not responsible for causing the accident, and the party that was to blame should be liable for your injuries. The first step, in any case, is to determine who was at fault and should be held liable for your losses.

Another Driver was to Blame

Other drivers on the road can be negligent and crash into the Uber vehicle when you least expect it. If your Uber driver did everything right and someone else caused a collision, the negligent driver should be the responsible party.

In this situation, you would file an insurance claim against the at-fault driver’s insurance company. This would proceed just as another auto insurance claim would after a crash. If the at-fault driver does not have insurance – or adequate insurance – you might be able to file a claim with Uber’s uninsured or underinsured motorist coverage.

Even though this situation might seem fairly straightforward, it is important to have legal assistance and representation when filing an insurance claim against a third-party driver. Their insurer will try to use tactics to limit your financial recovery, and we can negotiate the settlement you need and deserve.

The Uber Driver was to Blame

There are many reasons why Uber drivers might get into crashes, including:

  • They were distracted by checking the Uber app, navigation, or other smartphone communications
  • They were drowsy from working long hours
  • They were under the influence of drugs or alcohol
  • They were speeding or violating other traffic laws

If your Uber driver was negligent and caused the accident while you were a passenger, Uber’s corporate insurance coverage will apply. The good news is that Uber provides up to $1 million in coverage for injured passengers. The bad news is that the corporate insurance company and Uber’s legal team are always ready to limit payouts on injury claims.

If you need to file an insurance claim against Uber or another rideshare company, you need an experienced attorney on your side who knows how to stand up for your rights to compensation to these parties.

Contact a Nashville Uber Accident Attorney Right Away

The Nashville Uber accident lawyers at Bednarz Law have the experience and resources to take on any type of insurance company on behalf of our injured clients. We handle all types of rideshare accident claims, so don’t hesitate to contact us for a free consultation to learn about your rights and how we can help.

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Winter Weather and Car Accidents https://www.bednarzlaw.com/winter-weather-and-car-accidents/ https://www.bednarzlaw.com/winter-weather-and-car-accidents/#respond Mon, 22 Feb 2021 05:40:00 +0000 https://www.bednarzlaw.com/?p=989 Winter Weather and Car Accidents

Driving during winter weather conditions is hardly anyone’s idea of a good time. The winter months bring heavy snowfalls, hazardous driving conditions due to low visibility, and icy roads. These severe weather conditions often cause plenty of car accidents that can and do result in injuries and, in some instances, death. Thousands of people suffer injuries in winter weather crashes each year across the United States.

It can be incredibly challenging to drive during winter weather, so it’s essential to know the various aspects of winter weather driving. It is vital to remember that regardless of the driving conditions, a driver can still be held accountable for a car accident that includes all injuries and any damages that were sustained. If you have been involved in a winter weather car accident, it would be ideal to contact a qualified Nashville car accident lawyer at the Bednarz Law Firm.

How Snow and Ice Affect a Car Accident

In America, more than 70 percent of the country’s roads are situated in regions that receive snow and severe winter conditions. It is estimated that these regions receive on average five inches of snow annually. Interestingly, roughly 70 percent of the American population lives in an area that receives snow during the winter season.

Snow and ice can affect the outcome of a car accident significantly. These weather conditions are less than ideal and often tend to panic drivers. Many drivers might not know that snow and ice significantly reduce pavement friction, increasing a car’s likelihood of sliding and crashing. With less friction, cars cannot maneuver properly, nor can they, in some instances, maintain proper traction. Snow and ice also reduce visibility which is another contributing factor to the increased likelihood of car accidents occurring during the winter months.

Shockingly during winter weather, 24 percent of car accidents occur on roads where it has been snowing and on icy and slushy pavements. However, car accidents can be avoided in winter weather if proper precautions are taken and if drivers know the risks and the different types of accidents that frequently occur during this season.

Common Types of Car Accidents During Winter Weather

It stands to reason that if you know the common types of car accidents that occur during winter weather, you are more likely to avoid them. Below are three of the most common winter weather car accidents.

  • Lane drifting car accidents: Poor visibility, severe winter weather, and cold temperatures all attribute to a driver’s discomfort when driving during winter. Lane drifting accidents are common because drivers cannot see where they are driving, making it easy for the vehicles to drift into another lane. It’s crucial to utilize deductive reasoning if you cannot see the dividing lines and to drive according to the road rules.
  • Spin-out car accident collisions: In winter, weather roads are often slicker due to black ice and slushy paving. Spin-out crashes are more common during these conditions. When a car is spinning, it’s almost impossible to get the vehicle under control again. If your car is spinning, the best course of action is to try and steer it in the direction of the way the car is going.
  • Rear-end car accidents: Rear-end collisions are prevalent in winter weather when there is black ice present. Quickly braking when your car is sliding can make matters worse and cause more damage during an accident. Additionally, decreased visibility also causes people to misjudge the distance between vehicles. That is why it’s important to drive slowly and make sure you keep a minimum of two to three car lengths between your car and the vehicle in front of you.

Top Three Tips to Undertake to Avoid a Car Accident during Winter Weather

Below we have briefly listed three handy tips that you should consider undertaking if you often drive during winter weather.

  • Ensure your vehicle is prepared with all the necessary winter equipment such as snow tires, chains, and tire socks. Additionally, ensure you have a scraper, shovel, and brush. Moreover, you should also check your brakes and any other essential car systems.
  • Even if you are a safe driver, those around you might not be, which tends to be especially true during the winter seasons. Keep a watchful eye out for all drivers around you, and if you notice a driver taking unnecessary risks, be sure to drive defensively.
  • It’s crucial to always check the traffic and weather conditions before setting out to drive during winter. If you’re aware of the conditions, you can better prepare, which will reduce the likelihood of you panicking or getting involved in a car accident.

Who is Liable for a Car Accident during Winter Weather?

Even though driving in winter weather and extreme conditions is challenging, a driver still has a responsibility to maintain a duty of care. If a driver is negligent with either their car equipment, such as utilizing faulty breaks or failing to use proper snow equipment, they can be held liable for an accident. Additionally, suppose the driver could not adhere to road regulations and was speeding or driving under the influence. In that case, they can also be held liable for injuries and damages sustained in a car accident. Ultimately, if a driver was negligent and failed to undertake their duty of reasonable care, they can be held liable.

Get in Contact with a Tennessee Car Accident Attorney Today to Discuss Your Winter Weather Car Accident

Car accidents during winter can be traumatizing as they often result in injuries and damages. Should you have found yourself injured during a car accident, you could be entitled to compensation. At the Bednarz Law Firm, we can assist you with your claims process while striving to achieve the best possible outcome. Should you want to get in touch with a Nashville or Tennessee personal injury lawyer, you can contact us today.

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Certain Amazon Products Present Fire Hazards https://www.bednarzlaw.com/certain-amazon-products-present-fire-hazards/ https://www.bednarzlaw.com/certain-amazon-products-present-fire-hazards/#respond Mon, 16 Nov 2020 04:55:38 +0000 https://www.bednarzlaw.com/?p=978 Certain Amazon Products Present Fire Hazards

Amazon is so popular that its name is nearly synonymous with online shopping. The company earned $75.5 billion in the first quarter of 2020 alone. Its third-party sellers account for over 4,000 sales a minute. And its owner, Jeff Bezos, is the richest person in the world – worth a staggering $116.7 billion.

Despite its enormous success, the company is not without blemishes on its record. AmazonBasics, the company’s popular channel of private-party products, has been in the limelight due to defective products that present fire hazards to consumers. These dangerous products include USB cords, surge protectors, chargers, and microwaves.

What the Data Says

When CNN conducted a study on the safety of AmazonBasics products, they found more than 1,5000 reviews of over 70 products reporting “products that explode, smoke, melt, catch fire or pose other dangerous risks.” Government regulators have also heard complaints from consumers.

According to the report published in September 2020, consumers often criticize the products as dangerous fire hazards. Many reviews call for Amazon to recall the products.

What Has Amazon Done?

The CNN report claims that 30 items with reviews warning of dangerous hazards are still listed on Amazon, while 11 such products are no longer for sale on the site. Four product pages were pulled from Amazon.com entirely.

Amazon has remained largely silent on the issue but they did verify that at least eight products were under investigation. Ultimately, they deemed those products safe.

Not surprisingly, Amazon is facing mounting criticism for its perceived inaction or insufficient action on these matters. Many people bought these products in part because they trusted the Amazon name on them. What’s more, the company promotes many of these listings with the “Amazon Choice” designation. When buyers suffer injuries due to these harmful products, and their trust in the company is misplaced, government regulators get involved in the matter.

When Defective Products Turn into Lawsuits

When a person is burned or otherwise injured due to a defective product, they should not be liable for their damages. As such, these victims can file a product liability lawsuit to recover financial compensation for medical care, physical rehabilitation, and physical property damage. Victims can also claim non-economic damages such as pain and suffering and mental anguish.

Already, people who have been injured from defective products they bought on Amazon are filing lawsuits against the company.

One man filed a lawsuit against Amazon after he suffered 2nd-degree burns and throat injuries in a fire stemming from an AmazonBasics USB cord he purchased. Amazon settled the case with the man for an undisclosed amount.

Let a Nashville Injury Lawyer Help You File Your Product Liability Case Against Amazon

Have you suffered an injury due to a defective product from Amazon or another company? Don’t face your recovery and financial damages alone. Hire a skilled product liability attorney from Bednarz Law to handle your case. We work on a contingency fee basis, which means you don’t pay unless we obtain a financial settlement for you. Contact us now for a free case evaluation.

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Reasons to Get a PI Attorney https://www.bednarzlaw.com/reasons-to-get-a-pi-attorney/ https://www.bednarzlaw.com/reasons-to-get-a-pi-attorney/#respond Fri, 23 Oct 2020 04:53:00 +0000 https://www.bednarzlaw.com/?p=975 Reasons to Get a PI Attorney

Not all accidents require a lawyer. Depending on the seriousness of your accident, whether you sustained injuries, and who is at fault, you may not need a lawyer. For example, if you are in a minor parking lot fender bender and sustained no injuries at all, you probably don’t need legal counsel.

However, you should consider legal representation if:

  • Your accident caused injuries or death
  • Your accident caused a disability
  • Your injury has caused you to miss work
  • Your injuries have had an emotional impact on you or someone in your family
  • You are not sure of the full amount of damages you can claim
  • You are not sure if an insurance company’s settlement offer is enough to cover your losses

Still not sure if you need a personal injury attorney for your case? Here are five reasons to get a PI attorney for your case.

1. Insurance Companies Are Not on Your Side

Insurance companies aim to resolve claims with minimum costs. They employ many lawyers who are tasked with minimizing company settlement costs as much as possible. Thus, no matter how nice they appear when you talk to them, it’s important to know they are not on your side.

If the insurance company has lawyers looking out for their best interests, shouldn’t you have someone in your corner who is on your side?

 Adjusters know the right questions to ask to get you to say something they can later use against you. That’s why we recommend that you don’t speak to the insurance companies. With a PI attorney from Bednarz Law on your team, you can refer all correspondence to your attorney.

2. PI Attorneys Know the Full Value of Your Case

Without an attorney, you can be sure that whatever settlement offer you receive from an insurer will be a low-ball offer. However, when you are represented by a personal injury attorney, the insurance company knows you mean business, and they are much more likely to agree to a fair value settlement.

Experienced PI attorneys know the full value of your injuries. Often, they are more extensive than you might think. We’ll factor in your past, current, and expected future injury-related costs as well as lost wages and the potential for reduced earning capacity. We’ll also include non-economic factors such as pain and suffering when tabulating a fair settlement amount.

3. Your Personal Injury Attorney Will Handle All the Details

Taking care of legal matters, such as gathering evidence, providing documents, and getting eyewitness statements requires a lot of time. For those already dealing with an injury on top of other responsibilities, handling a personal injury case can be overwhelming.

Let the skilled attorneys at Bednarz Law help you. We’ll obtain all the evidence, including photographs and interviews with witnesses and experts, and build a solid case to help you obtain as much financial compensation as legally possible for your damages.

4. There is No Fee Unless You Receive Compensation

At Bednarz Law, we understand the financial strain that our clients face as a result of their injuries. We know you may be dealing with extensive costs for medical care and might even be losing income from missed time at work. That’s why we work on a contingency fee basis. That means you don’t pay any fees unless we obtain financial compensation for your damages.

Get Help from an Experienced PI Attorney in Nashville

Let our skilled Nashville PI Attorneys help you. We’ll do all the legwork for your case and file all the necessary paperwork in compliance with strict regulations. We’ll handle everything so you can direct your focus where it should be – on your recovery. Contact Bednarz Law now for a free case evaluation.

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Can You Sue a Drunk Driver for Punitive Damages? https://www.bednarzlaw.com/can-you-sue-a-drunk-driver-for-punitive-damages/ https://www.bednarzlaw.com/can-you-sue-a-drunk-driver-for-punitive-damages/#respond Thu, 17 Sep 2020 04:51:00 +0000 https://www.bednarzlaw.com/?p=973 Can You Sue a Drunk Driver for Punitive Damages?

Too often, serious injuries and even death are caused by an accident involving a drunk driver. If you or a loved one are suffering from an injury, you may be entitled to damages stemming from a drunk driving crash. And because impaired driving is willfully reckless, you may have the right to receive punitive damages as well.

Punitive damages are a type of compensation that isn’t designed to financially recover from losses, but for other reasons, as we’ll see below. If you or a loved one are suffering from an injury caused by a drunk driver, contact a reputable Tennessee car accident attorney now to learn about your legal rights and whether or not you are eligible to receive compensatory and punitive damages.

What Are Punitive Damages?

A basic tenet of personal injury law is that victims should receive compensation to cover the damages arising from an accident. These expenses include the cost of vehicle repair, medical care, and loss of wages, which are considered “compensatory damages.” By contrast, punitive damages are not designed to indemnify the victim. Rather, the purpose of punitive damages is to punish the defendant for gross negligence and to deter future misconduct.

How Can I Pursue Punitive Damages from a Drunk Driver?

Generally speaking, punitive damages are only awarded when an extreme lack of care is exhibited by the drunk driver. Since drinking and driving is a voluntary choice, victims of drunk driving accidents may be more likely to win punitive damages.

To obtain punitive damages, you must prove that the defendant was legally driving under the influence. Under Tennessee law, if law enforcement finds that a motorist is operating a vehicle with a blood alcohol concentration of .08 or higher, then that driver is guilty of driving while intoxicated (DW).

Also, Tennessee law states that punitive damages may be awarded “if the claimant proves by clear and convincing evidence that the defendant against whom punitive damages are sought acted maliciously, intentionally, fraudulently or recklessly.”

If you are considering pursuing compensatory and/or punitive damages for your injuries, you should contact a skilled personal injury lawyer so they can immediately begin securing evidence. For example, your attorney can obtain police records, interview witnesses, and gather video and photographic evidence, if available. It’s always better to secure evidence soon after an accident while evidence is still accessible and before witnesses’ memories fade.

Get Help from a Tennessee Car Accident Attorney to Sue for Punitive Damages

If you or a loved one has been physically harmed in an auto accident caused by a drunk driver, seek legal help immediately. The attorneys at Bednarz Law have the experience and skills to seek the maximum compensation allowed by law. Our talented Tennessee lawyers have earned a solid reputation for excellence representing our clients in personal injury cases.

Call Bednarz Law at 615-256-0100 or contact us online to schedule a free initial consultation. We’ll answer any questions you may have and give you all the information you need to know to move forward.

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How Will Self-Driving Cars Affect Personal Injury Law? https://www.bednarzlaw.com/how-will-self-driving-cars-affect-personal-injury-law/ https://www.bednarzlaw.com/how-will-self-driving-cars-affect-personal-injury-law/#respond Thu, 20 Aug 2020 04:42:00 +0000 https://www.bednarzlaw.com/?p=968 How Will Self-Driving Cars Affect Personal Injury Law?

New and old car manufacturers alike, including Tesla, BMW, and Mercedes-Benz, are continually introducing self-driving and partially self-driving auto technology onto the market. It is fairly certain that one day, driver-operated vehicles will be a thing of the past. Although self-driving and partially self-driving auto technology will likely never be able to totally prevent auto accidents, the introduction of these self-driving cars is expected to have very serious consequences for personal injury law.

If you have been involved in a car accident that involved a partially self-driving vehicle, the experienced Nashville car accident lawyers at Bednarz Law may be able to assist. Our lawyers can investigate your accident and hold the responsible individuals or entities accountable for your injuries.

Possibly Fewer Car Accidents

One of the greatest ways that personal injury law will likely be affected by driverless cars is a potential decrease in the number of auto accidents that occur. There is no question that driver negligence contributes to a significant number of motor vehicle collisions. In fact, according to statistics provided by the National Highway Traffic Safety Administration, in a single year, 32,675 individuals in the United States were killed in motor vehicle collisions, and greater than 2.34 million individuals suffered injuries. Due to their on-board safety technology, self-driving cars are involved in far fewer accidents. However, as of yet, these vehicles are not totally accident-proof.

Decreases in Medical Treatment and Hospitalization Costs

Motor vehicle accidents that cause serious injuries can lead to the need for emergency medical treatment in a hospital emergency room or urgent care facility. Depending on the severity of the injury or injuries sustained in the accident, an accident victim may also need to be hospitalized, undergo a surgical procedure, or spend time in physical therapy.

With fewer motor vehicle accidents on the road due to self-driving cars, however, comes a potential decrease in the need for medical treatment and hospitalization. Emergency rooms, along with health care providers, may lose a significant amount of business and money, due to far fewer accidents on roadways.

Fewer Liability Disputes

Many new self-driving motor vehicles are equipped with special sensors, cameras, and other technology that can be used to determine who caused a motor vehicle collision. Therefore, in the personal injury cases that result, there are likely to be far fewer disputes from insurance companies about fault and liability for the underlying accident. Some driverless car manufacturers are also stating that they may accept liability for accidents that occur when a vehicle is in auto-pilot mode.

Decreases in the Number of Personal Injury Claims

With the increase in driverless cars and fewer accidents, it is likely that the total number of personal injury claims and lawsuits that are filed in the court system will decrease significantly.

Call a Nashville Car Accident Lawyer Today

If you have been involved in a motor vehicle collision involving a driverless car, the legal team at Bednarz Law is here to help. For a free legal consultation and case evaluation with a Nashville car accident attorney, please contact us online today.

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Drive Safe and Earn Rewards https://www.bednarzlaw.com/drive-safe-and-earn-rewards/ https://www.bednarzlaw.com/drive-safe-and-earn-rewards/#respond Fri, 10 Jul 2020 04:39:00 +0000 https://www.bednarzlaw.com/?p=966 Drive Safe and Earn Rewards

Pursuant to recent comments by the National Highway Traffic Safety Administration, texting while operating a motor vehicle is the most significant distraction that a driver can engage in. Moreover, texting while driving significantly increases the chances that a driver will cause an accident that leads to the death or severe bodily injury of another person.

According to statistics from a recent year, distracted driving resulted in a total of 3,166 deaths across the United States. In addition, if this trend continues, 3,000 people or more across the country will die in a given year, simply because of distracted driving while behind the wheel. The saddest part about these alarming statistics is that all of these deaths may have been prevented, had the motor vehicle operator simply put his or her phone down while driving. 

If you or a person you love has been injured in a motor vehicle collision that was caused by a distracted driver, you deserve to recover compensation for everything that you went through – including all of your personal injuries, lost wages, pain, inconvenience, and suffering (both physical and mental). The experienced Nashville car accident lawyers at Bednarz Law are committed to helping clients pursue and recover the monetary compensation that they deserve for the injuries that they suffered because of a negligent and distracted driver.

New App that Rewards Drivers for “Good Driving Behavior”

A new app that monitors driver activity was recently launched on the market by Ryan Frankel, who is based out of New York. The idea for the app started when Frankel was involved in a serious accident while riding his bicycle that was caused by a distracted driver who was using a mobile device just prior to the collision. In the accident, Frankel fractured his elbow and hip and spent a significant amount of time in physical therapy.

After conducting some research and determining that negative approaches were relatively ineffective, he decided to produce an app that would positively reward drivers who operated their vehicles in a non-distracted manner. The app is free and is called This App Saves Lives.

How the App Works

The app does not begin to activate until the phone’s GPS system determines that a vehicle is moving at a speed of ten miles an hour or greater. Once that speed is reached, the app launches and monitors the driver’s use of his or her phone. If no use is detected (other than possibly using a navigation system, listening to music, or answering a hands-free call), the driver is awarded points. However, if the driver uses his or her phone to send an email or search a website, points are subtracted. The user can then redeem the points for rewards from various brands that partner with the app.

Speak to a Nashville Car Accident Attorney About Your Case Today

If you have been involved in a motor vehicle collision that was caused by a negligent and distracted driver – and that resulted in an injury – the skilled legal team Bednarz Law can help. For a free legal consultation and case evaluation with a Nashville car accident lawyer, please contact us online today for more information.

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Tennessee Supreme Court Upholds Non-Economic Damage Cap https://www.bednarzlaw.com/tennessee-supreme-court-upholds-non-economic-damage-cap/ https://www.bednarzlaw.com/tennessee-supreme-court-upholds-non-economic-damage-cap/#respond Thu, 04 Jun 2020 15:59:00 +0000 https://www.bednarzlaw.com/?p=947 Tennessee Supreme Court Upholds Non-Economic Damage Cap

The Tennessee Supreme Court recently issued a ruling that shut down the challenge to our state’s law that limits the amount of non-economic damages that a plaintiff can receive in most personal injury cases. The law enacted a damage cap of $750,000 for non-economic losses, even if a jury decides to award more money. In the case in question, the plaintiff was awarded $930,000 in non-economic damages for injuries sustained at an airport shop, though the judge reduced her award to comply with the damage cap.

The case of Jodi McClay v. Airport Management Services, LLC, made the argument that the damage cap was unconstitutional, as it denied injured plaintiffs the right to a trial by jury. The Tennessee Court ultimately disagreed and upheld the law that limits recovery for injured plaintiffs and families who file wrongful death claims.

What are Non-Economic Damages?

Non-economic damages compensate injured plaintiffs for losses that are intangible and are not always easy to quantify. When you have economic damages, such as medical expenses or lost income, you can present medical bills, pay statements, and other documents to clearly demonstrate your financial losses. However, non-economic damages are quite different.

Such damages will vary from case to case, and people who sustain more serious injuries will often have more extensive non-economic damage. These may include:

  • Pain and suffering – Injuries can cause severe physical pain and mental suffering, which can stem from the painful injury, difficult medical treatment and recovery, and long-term effects and limitations of an injury.
  • Permanent disability or disfigurement – Injuries like a spinal cord injury, severe traumatic brain injury, serious burns, or amputation can result in life-long impairments or disfigurement. This can keep you from working or engaging in your usual activities, and you should be compensated for the devastating and permanent changes to your life.
  • Loss of consortium – This refers to the loss of companionship and affection of a spouse or parent due to a serious injury of their spouse or child.

These losses are difficult to calculate, though they are highly important to ensure that injury victims are made whole by the parties who caused their injuries. You want to have the right lawyer handling your claim who knows how to prove non-economic damages and obtain the maximum amount available in your case. While the maximum amount in any case remains at $750,000 in Tennessee, this type of compensation is still critical for injury victims and their families.

Find the Right Nashville Personal Injury Attorney to Protect Your Rights

People with serious injuries deserve to recover for their losses from liable parties – whether those losses are economic or not. You need a law firm that will stand up for your rights under the law and prove the full amount of damages that will cover your losses. The personal injury lawyers at Bednarz Law in Nashville handle all types of injury claims, and no case is too serious for us to take on. Please contact usfor a free consultation.

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Take Photos After an Accident https://www.bednarzlaw.com/take-photos-after-an-accident/ https://www.bednarzlaw.com/take-photos-after-an-accident/#respond Tue, 26 May 2020 15:39:57 +0000 https://www.bednarzlaw.com/?p=940 Take Photos After an Accident

These days, we all have cameras in our pockets and purses. After an unexpected accident – such as a traffic crash – you should not hesitate to use your smartphone to help protect your rights and interests. If someone else was to blame for the accident, you will need evidence to prove their fault. While an attorney can help you gather the evidence you need, you can only help your cause by taking photos at the scene of the accident.

It is important to note that you should only take photos if you are able to do so. If first responders suggest you need an ambulance ride for immediate medical attention, you should heed their advice. If possible, ask someone at the scene who you trust to take photos. If not, there are other ways to prove liability.

However, if you can remain at the scene before you get medical treatment, you should consider taking photos of anything that seems relevant, including the following.

Vehicles

Take photos of your and the other driver’s vehicles, including their license plates. Make sure you capture all the damage to the outside of the cars, as the type and location of the damage can help reconstruct what happened. If the other driver gets their vehicle fixed, you have proof of the damage that occurred.

The Other Driver’s Information

The other driver should present their driver’s license and insurance information following the accident. It is always a good idea to take a photo of these documents – if you write it down, you might lose the piece of paper, or it might get wet or accidentally thrown away. Once you have the photo, you can refer back to it in the future.

Road and Weather Conditions

Often, external conditions contribute to a car accident. Were the roads wet? Was there a pothole that caused someone to lose control? Did the accident happen at an intersection? Was the driver going too fast in adverse weather conditions? If anything is out of the ordinary, don’t hesitate to take photos, as you never know what might be important for your case.

Evidence can dissipate quickly, and memories can fade. If you have photos of the aftermath of a crash, you can preserve certain evidence that can benefit your insurance claim.

Let an Experienced Nashville Personal Injury Lawyer Help You

The time following an accidental injury can be confusing for anyone. It is normal to be unsure of your rights or what to do. You should do whatever you can to protect your rights, and you should speak with an attorney who can provide guidance as soon as possible. The legal team at Bednarz Law knows how to gather evidence of liability for our clients to ensure they receive the compensation they deserve. Call our Nashville location at 615-256-0100 or contact us online for a free consultation with a Nashville injury attorney.

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