Personal Injury – Nashville Personal Injury Attorneys | Hendersonville TN https://www.bednarzlaw.com Thu, 21 Oct 2021 05:41:30 +0000 en-US hourly 1 https://wordpress.org/?v=5.4.13 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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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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Can My PI Claim Be Impacted by the Virus Outbreak? https://www.bednarzlaw.com/can-my-pi-claim-be-impacted-by-the-virus-outbreak/ https://www.bednarzlaw.com/can-my-pi-claim-be-impacted-by-the-virus-outbreak/#respond Thu, 30 Apr 2020 16:20:02 +0000 https://www.bednarzlaw.com/?p=922 Can My PI Claim Be Impacted by the Virus Outbreak?

Whether you were injured three months ago or a year ago, your injury claim will not resolve itself or be placed on hold during the COVID-19 outbreak. There will still be deadlines to meet and negotiations to participate in. You still have medical bills to pay and perhaps are even still suffering from your injuries.  You probably have many questions about how this pandemic will impact your personal injury case. To get your questions answered, contact a knowledgeable Nashville personal injury lawyer. Here are some crucial points to be aware of regarding your claim.

Courts Suspend In-Person Proceedings

In an unprecedented move, the Tennessee Supreme Court issued an order suspending in-person court proceedings on March 13, 2020. This order was amended on March 25, 2020. The courts remain open but only for essential court operations. Whenever possible, the court encourages people to use technology and innovation to conduct legal business. Judges, attorneys, and litigants are meeting via video and audio sessions in order to help keep cases on track. The Supreme Court in Tennessee stipulates that judges should not be continuing everything on their dockets until after the postponement of in-person court proceedings has expired.

It is best to speak to your Nashville personal injury lawyer to determine how the order will impact your case. Some deadlines or meetings might need to be moved to a later date, or you and your attorney might need to set up teleconferencing with other people involved in your case.

Insurance Companies Might be Harder to Negotiate With

Profits for insurance companies have likely declined and will continue to do so as people cannot afford to pay their premiums and are driving significantly less than before COVID-19 came to America. Insurance companies will want to hang on to as much money as they can and could be less likely to settle a claim than they were just a couple of months ago.

Their financial changes do not negate or lessen the injuries and damages that you sustained as a result of the defendant’s negligence. Rest assured, no matter the circumstances or financial position of the defendant and their insurance company, we are tenacious about getting our clients the compensation they deserve. If this means taking your case to trial, your Nashville personal injury attorney from our firm will do just that.

Get Help from an Experienced Nashville Personal Injury Attorney

To find out all of the ways your PI case could be affected by the coronavirus outbreak, consult with a seasoned Nashville personal injury attorney. Maybe you are handling your personal injury claim independently and are not getting the results you anticipated, or maybe you are working with someone else, and your case seems to be at a standstill. Whatever the circumstances, we offer free case consultations to anyone who needs legal guidance with a personal injury claim.

At Bednarz Law, we can help with your personal injury claim even in the midst of the COVID-19 pandemic. Contact us by phone at 615-256-0100 or complete our online contact request to schedule your case consultation today.

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What to Do if You’re Injured During the COVID-19 Pandemic https://www.bednarzlaw.com/what-to-do-if-youre-injured-during-the-covid-19-pandemic/ https://www.bednarzlaw.com/what-to-do-if-youre-injured-during-the-covid-19-pandemic/#respond Fri, 10 Apr 2020 16:09:19 +0000 https://www.bednarzlaw.com/?p=919 What to Do if You’re Injured During the COVID-19 Pandemic

While most of the nation seems to be at a standstill, there are still parts of life that continue as usual. You still drive to the store for essentials, see your doctor if you are sick, go for walks, ride your bike, use certain products in your home, and perhaps you are an essential worker and still go to work. Despite the presence of the coronavirus, you can still be injured in some situations the same way you could have been without the pandemic.

You might believe that it is best to ignore your injuries or wait to pursue a claim. After all, life is complicated enough right now, and everyone needs to keep their distance. It is essential to understand that you can and should still connect with a Nashville personal injury lawyer to discuss your injuries. It is in your best interest to do so.

Get Medical Care as Soon as Possible

It is only natural to have some reservations about seeking medical care during this time. However, it is imperative for your medical and legal well-being that you get the care that you need. Your injuries will likely have a better outcome if you get medical attention as soon as possible, whether you go to your local emergency room, an urgent center, or see your own physician. For legal purposes, your injuries will need to be documented to include a diagnosis and a treatment plan. It is this documentation that will help your Nashville personal injury attorney prove the extent of your injuries and damages.

You can take steps to make yourself less at risk for catching COVID-19 when getting medical care, such as strict handwashing, possibly wearing a mask, and maintaining social distancing. Be sure to follow the guidelines of the United States Centers for Disease Control and Prevention (CDC). If it is not an emergency, you can call the facility you intend to go to and find out what they are doing to prevent the spread of the coronavirus there.

Do Not Delay Consulting with a Nashville Personal Injury Lawyer

The deadline given for filing a case with the court is known as the statute of limitations. The Tennessee personal injury statute of limitations is addressed in Tennessee Code Annotated Section 28-3-104. Tennessee has one of the shortest deadlines for filing personal injury claims. You or your Nashville personal injury attorney must file your personal injury lawsuit no later than one year from the date of your injury.

With this in mind, you can see why putting off contacting an attorney can jeopardize your claim. If you wait too long, you will lose your legal right to seek compensation for your injuries. The sooner you contact an attorney, the sooner they can gather evidence in your case and file it with the appropriate court.

Your Experienced Nashville Personal Injury Lawyers

Injuries still occur during the COVID-19 crisis. Attorneys are still working and are considered to be an essential service. We are still helping clients and have taken steps to reduce the risk of spreading the coronavirus. Contact Bednarz Law today for help with your personal injury claim during the COVID-19 pandemic. We can be reached at 615-256-0100 or complete our online contact request.

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Are Personal Injury Settlements Classified as Income? https://www.bednarzlaw.com/are-personal-injury-settlements-classified-as-income/ https://www.bednarzlaw.com/are-personal-injury-settlements-classified-as-income/#respond Tue, 03 Mar 2020 14:21:51 +0000 https://www.bednarzlaw.com/?p=893 Are Personal Injury Settlements Classified as Income?

When you are staring at a pile of medical bills and unpaid expenses because you had to take time off work, it is easy to look forward to receiving your personal injury settlement check from the insurance company. However, once you go to cash the check, it is natural to wonder whether you will be liable for taxes on the payment. Our personal injury lawyers regularly hear the question: will my settlement be classified as income for tax purposes?

Fortunately, the answer is usually no – your personal injury settlement does not need to be reported as income on your tax returns. However, like so many questions in the legal field, there are exceptions to this rule, and a lawyer should review your specific situation.

Compensation for Your Physical Injuries

Uncle Sam generally cannot tax compensation you receive for physical injuries you sustained in an accident. This is the case whether you received payment without a lawsuit, settled out of court, or won an award at trial. Compensation for physical injuries can include payment to cover:

  • Past and future medical expenses
  • Past and future lost income due to your injuries
  • Physical pain and suffering
  • Emotional distress
  • Permanent impairments

As long as your pain, suffering, and emotional distress stem from a physical injury or illness, you should not be taxed on those funds.

When You Might be Taxed

Sometimes, physical injuries or illnesses arise from a breach of contract. If you bring a legal claim based on breach of contract instead of negligence or another cause of action, the damages you receive from the contract claim can be classified as taxable income.

In addition, some injury victims receive punitive damages when the defendant’s behavior was particularly egregious. Punitive damages are intended to deter such conduct in the future and punish the defendant – not to compensate the victim for any specific losses or injuries. Because these damages are not compensation for a physical injury or illness, punitive damages are taxable.

Any personal injury victim knows that claims take time, especially if the matter has to go to court. While a lawsuit is pending, interest can start accruing on your settlement. If you filed a claim on February 15, 2018, and it settled on July 20, 2019, you can receive interest for the time the claim was pending. This interest is considered taxable income, however.

Finally, some legal claims do not involve physical injuries, but instead seek damages for the infliction of emotional distress, employment discrimination, and other wrongs. Settlements in such cases are taxable if you cannot show that you suffered any type of physical injury.

Contact our Nashville Personal Injury Lawyers for More Information

The personal injury attorneys at Bednarz Law in Nashville know that the legal process can be confusing. We are here to guide our clients every step of the way, answering any questions, and addressing concerns as we go. If you suffered injuries in an accident, call our Nashville office at 615-256-0100 or contact us online for free today.

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Challenges of the Non-Economic Damage Caps in Tennessee https://www.bednarzlaw.com/challenges-of-the-non-economic-damage-caps-in-tennessee/ https://www.bednarzlaw.com/challenges-of-the-non-economic-damage-caps-in-tennessee/#respond Fri, 17 Jan 2020 18:20:32 +0000 https://www.bednarzlaw.com/?p=878 Challenges of the Non-Economic Damage Caps in Tennessee

In 2011, the Tennessee legislature passed the Tennessee Civil Justice Act, which limited the non-economic damages that plaintiffs could receive in personal injury cases in our state. Specifically, courts must reduce any award of damages regarding pain and suffering or other intangible losses to $750,000. The law was intended to protect businesses from having to face significant liability for wrongdoing and harm caused. The law has been criticized by many since the start for its pro-business focus instead of protecting injured citizens.

Now, courts throughout the state are challenging this law as unconstitutional. Non-economic damages are determined by a jury in a personal injury trial, and the jury is not informed of the statutory cap. If a jury awards a plaintiff $4 million for their pain and suffering or permanent disabilities, the court will then have to reduce that part of the award to meet the cap. Plaintiffs are asserting that this law violates their right to a trial by jury, as their damages are truly being decided by the state legislature that passed the law.

The following are the challenges of the non-economic damage cap thus far.

Lindenberg v. Jackson National Life Insurance Co.

This case was heard by the federal Sixth Circuit Court of Appeals, and the court struck down the damage cap as unconstitutional. However, this decision is only binding on federal courts in the Sixth Circuit, and Tennessee state courts can still lawfully apply the cap to non-economic damages in cases heard in state court.

Carman v. Kelton

This case was brought in Williamson County state court by a woman who was hit by a car while she was running. She suffered permanent injuries, including the loss of vision in one eye. The jury awarded her the following:

  • $13.6 million in compensatory damages
  • $5 million in punitive damages

This was a larger award than all the damages awarded in Williamson County injury trials since 2000 combined. A large percentage of the compensatory damages were non-economic, and the cap would have substantially lowered the amount the plaintiff would have received. The circuit judge decided to strike down the damage cap as unconstitutional and refused to reduce the award accordingly.

McClay v. Airport Management Services, Inc.

The Tennessee Supreme Court heard arguments in this case, which arises from a case involving a woman who suffered a crushed ankle in an airport shop. Her non-economic damages award was reduced in state court according to the cap. If the state Supreme Court rules that the cap is unconstitutional, the law will be struck down in the state for all future cases.

Contact Our Nashville Personal Injury Lawyers for Information about a Possible Case Today

Injury cases can involve complex legal issues, and our Nashville personal injury attorneys at Bednarz Law can help. Contact us online or call us at 615-256-0100 to discuss your injuries today.

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What Defines a Wrongful Death? https://www.bednarzlaw.com/what-defines-a-wrongful-death/ https://www.bednarzlaw.com/what-defines-a-wrongful-death/#respond Fri, 10 Jan 2020 18:17:19 +0000 https://www.bednarzlaw.com/?p=876 What Defines a Wrongful Death?

Wrongful death happens when a person’s death is caused by injuries received at the hands of another or by another person’s wrongful act or failure to act. In Tennessee, wrongful death claims are similar to a personal injury case in which the injured party can no longer bring the case himself or herself. Wrongful death cases transfer the right to bring a claim to someone else – generally a family member or members.

A wrongful death claim is a civil charge, and it can be brought even if criminal charges are filed in connection with the case. Wrongful death claims are obviously extremely challenging emotionally, but they are also extremely important – as they can help the family who is left behind move forward with their lives. If someone else’s negligence (or worse) caused the death of your loved one, you need the professional legal services of an experienced Nashville personal injury attorney.

Who May File?

In the State of Tennessee, specific family members have the legal right to file a wrongful death claim on behalf of the deceased. This right passes first to the deceased’s surviving spouse, and if there is no surviving spouse, that right is passed to the following:

  • The deceased’s surviving children (if minors, the court will appoint a guardian to make the claim)
  • The deceased’s parents (if the deceased is a minor or unmarried with no children)
  • The executor of the deceased’s will (if the deceased left a will naming an executor)
  • If none of the above apply, anyone can petition the court to be named as the administrator of the estate (if more than one person applies for the administrator position, the court will appoint whoever’s best qualified)

Damages You Can Recover

It used to be that wrongful death cases in Tennessee were limited to those damages the deceased could have received if he or she had survived. More recently, however, this has changed, and family members are now able to recover on certain kinds of damage they suffer as a result of the victim’s untimely death. These damages can include:

  • Funeral and burial costs
  • The deceased’s lost earnings that would have spanned the period between being injured and time of death
  • The deceased’s lost earnings in relation to his or her expected lifespan
  • The deceased’s loss of enjoyment of life spanning the period from injury to death
  • The deceased’s mental anguish suffered as a direct result of the ultimately-fatal injury
  • The family members’ mental and physical pain suffered as a result of their loved one’s life being cut short
  • The family members’ loss of the deceased’s love and companionship

While a wrongful death claim cannot bring a loved one back, it can provide survivors with the resources to better cope with their grief and move forward with their lives.

If You’ve Lost a Loved One Because of Someone Else’s Negligence, Consult with an Experienced Nashville Personal Injury Attorney Today

Wrongful death cases are difficult, but the compassionate personal injury lawyers at Bednarz Law in Nashville care about you and your case. Our experienced legal team is committed to helping you obtain the compensation necessary to help you go on after this devastating loss. Your case matters, so please don’t hesitate to contact us online or call us at 615-256-0100 for more information today.

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Common Types of Compensation after an Auto Accident https://www.bednarzlaw.com/common-types-of-compensation-after-an-auto-accident/ https://www.bednarzlaw.com/common-types-of-compensation-after-an-auto-accident/#respond Fri, 03 Jan 2020 17:55:38 +0000 https://www.bednarzlaw.com/?p=864 Common Types of Compensation after an Auto Accident

Car accidents are capable of causing extremely serious injuries and damage to property. The forces involved are tremendous, even in relatively low-speed impacts. For this reason, auto accident victims are often left with substantial losses as a result of their crash. Fortunately, under Tennessee law, when car wrecks are the result of someone else’s negligence, victims are able to recover compensation for all of their accident-related losses. Here are some of the most common types of compensation that victims often recover after a serious car crash in the Nashville area.

Medical Expenses

Many auto accident victims suffer extremely serious physical injuries that require extensive medical treatment. In the most severe cases, victims sustain injuries like spinal cord injuries, severe traumatic brain injuries (TBIs), or traumatic amputations from which they will never fully recover and require ongoing medical care. In cases such as these, victims often incur millions of dollars in medical expenses due to their accident over the course of their lifetime. Fortunately, medical expenses are a recoverable loss under Tennessee law.

Lost Income

Lost income is another type of loss for which many car accident victims recover compensation. When accident victims are severely injured, they are often unable to work for months or years after an accident. In cases where car accident injuries are career-ending, victims should take care to ensure that any settlement they accept takes into account their future earning potential, not just the amount of money they would have earned at their current salary at the time of the accident.

Property Damage

The overwhelming majority of car accidents result in damage to the vehicles involved, and even relatively minor accidents can result in thousands of dollars of damage. Furthermore, in many cases, the damage to a vehicle can exceed its value, leaving victims in need of a completely new vehicle.

Physical and Emotional Pain and Suffering

Non-economic damages like pain and suffering can often account for the most significant category of compensable losses sought by victims after a car accident. In many cases, the injuries victims sustain result in significant physical pain, both initially and during the recovery process. In addition, people who are severely hurt in an accident often experience significant psychological and emotional pain and suffering as a result of being bedridden or unable to engage in activities they enjoyed before their accident.

Remember that the Insurance Company is Not on Your Side

Determining the value of a car accident claim is a complicated legal process, and you may be tempted to rely on the insurance company to help you determine how much yours is worth. This is invariably a mistake, as the insurance company does not have your best interests in mind. They make money by collecting premiums each month and paying out as little as they can on each claim they receive. If you are willing to settle for less than your claim is actually worth, they will gladly let you sign on the dotted line. For this reason, if you’ve been hurt in a car accident, you should retain an attorney as soon as you can to protect your legal rights.

Injured in a Crash? Call Us Today to Schedule a Free Case Evaluation with a Nashville Car Accident Lawyer

Car accident victims are often entitled to significant compensation under Tennessee law. At Bednarz Law, we are dedicated to helping victims get the full and fair value of their car accident claims and know how to get insurance companies to payout. To schedule a free case evaluation with a car accident attorney in Nashville, call our office today at 615-590-7276 or contact us online.

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