What Compensation Can You Seek After a Crash?
With roughly 2.5 million people injured in car accidents each year, you place your life at risk each time you get behind the wheel. Car accident victims are typically eligible to recover compensation for accident-related losses, known as damages. In a car accident, you are most likely eligible to recoup economic and non-economic damages. The extent and severity of your injuries will determine the types of damages you are eligible for and the amount. If you would like to learn more about your recovery options following a crash, our Nashville car accident lawyers may be of assistance.
Economic Damages
Damages are designed to make a personal injury victim “whole” again. In Tennessee, a car accident victim may be entitled to recoup economic and/or non-economic damages. Economic damages are direct financial losses. In Tennessee, there is no limit on economic damages. In a car accident, economic damages may include any of the following:
- Lost wages
- Ambulatory services
- Emergency room care
- Medical imaging and laboratory testing
- Surgeries and/or treatments
- Prescription costs
- Home modifications
- Physical therapy and other rehabilitative treatments
Non-economic Damages
Accident-incurred losses often impact much more than finances, also affecting a person’s personal life and mental/emotional well-being. Hence, personal injury victims may also recover non-economic damages, or intangible losses that impact their quality of life. In a car accident, non-economic damages often include:
- Pain and suffering
- Infliction of emotional distress
- Loss of companionship and society
- Inconvenience
- Humiliation
- Damage to reputation
- Permanent disability
- Scarring and/or disfigurement
TN Code § 29-39-102 places a $750,000 cap on personal injury cases, which is raised to $1 million for catastrophic injuries. The law defines a catastrophic injury as including a spinal cord injury resulting in paraplegia or quadriplegia, certain amputations, or severe burns that cover more than 40% of the body. If there are any disputed facts, a judge or jury will make the final decision on whether a catastrophic injury exists. No cap will apply if the defendant intentionally harmed the plaintiff.
Although non-economic damages are intangible, the burden of proof that the plaintiff must meet remains the same. (A plaintiff must prove the facts are more likely than not true, known as the preponderance of the evidence standard. If your accident impacted your relationships with family and friends, you should speak with our legal team to discuss your options to recover non-economic damages.
Punitive Damages
In rare cases, a plaintiff may be able to recoup punitive damages. Punitive, or exemplary damages, may be awarded if the defendant displayed egregious behavior. This includes intentional, fraudulent, malicious, or reckless acts. The burden of proof is higher than in other damages, with a plaintiff having to prove that the facts presented are highly likely to be true (known as clear and convincing evidence).
The clear and convincing evidence standard is one level below proof beyond a reasonable doubt. Although punitive damages are less commonly awarded, Tennessee law places a cap of $500,000, or twice the amount of total economic and non-economic damages (whichever is greater).
Assisting You in Recovering Maximum Compensation
Understanding the different types of damages and providing evidence to recoup each is best left to an experienced lawyer. At Bednarz & Bednarz, our Nashville car accident lawyers will assess your case to evaluate what forms of compensation you should seek. From there, we will gather pertinent records and documentation to support your case. Moreover, we have experience handling difficult negotiations, refining the art of speaking with insurance companies. As always, we will not stop fighting until you receive adequate compensation for your injuries.
Contact Our Nashville Car Accident Attorneys Today
If you have recently fallen victim to a collision, the legal team at Bednarz & Bednarz is ready to advocate on your behalf. Having recovered millions in verdicts and settlements, our Nashville car accident lawyers work to provide an efficient and speedy resolution to each case. To get started, contact us online or by phone at (615) 623-8789 to schedule your free consultation with one of our attorneys.
