Tennessee Lawyers Explain Elements That Impact the Monetary Value of a Personal Injury Claim
When you’re hurt because of the negligence or intentional actions of another person, you may be entitled to compensation via a personal injury claim. This applies to many types of personal injuries, including things like car accidents, slip and fall incidents, or even dog bites. Wondering how much you could recover in a personal injury claim? The answer to that question varies widely based on a number of factors.
Below, the experienced personal injury lawyers at GriffithLaw explore some of the key factors that can impact the value of a personal injury claim. Our team has extensive experience handling Tennessee personal injury cases, so we understand that each case is unique, and the potential lawsuit verdict or settlement amount depends on different elements.
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Severity and Type of Personal Injury
First and foremost, the nature and extent of your injuries will heavily affect the amount of money you may receive in a personal injury claim. Generally speaking, more serious injuries justify higher settlement amounts than ones that are less severe because severe injuries have a greater impact on quality of life and may involve significant ongoing or long-term costs.
Emergency Medical Care
Emergency care will account for the first medical bills resulting from your injury. There may be costs involved in calling an ambulance to the accident scene. You may then be charged for your visit to the hospital emergency room or family doctor for a fuller assessment and initial treatment.
Long-Term Medical Bills
While emergency care can be expensive, long-term treatment and rehabilitation can be even more costly. Potential costs include X-rays and other medical imaging, medication, physical therapy, rehabilitation, assistive devices, and more. Your new injury may even worsen preexisting injuries. Related expenses may extend for months or even years, requiring ongoing medical care.
Impact on Employment and Income
Along with medical expenses, lost income can represent a significant amount of your personal injury claim. A severe injury can dramatically impact your ability to work and earn a fair wage.
Wages Lost From Missed Work
If you have to take time off from work to treat and recover from your injuries, you may be able to recover these lost wages. Your lost income includes your regular earnings, as well as any paid time off or vacation time you had to use. Be sure to keep copies of your pay stubs to support your claim for lost income.
Potential Future Earning Capacity
Just as long-term medical bills can outweigh the costs of emergency care, a loss of earning capacity can be much more substantial than wages lost from time off work. Your injury may reduce your ability to work or even prevent you from returning to work altogether. Long-term disability may also affect upward mobility, limiting your ability to earn promotions and advance your career. a loss of earning capacity may add to the amount of monetary compensation to which you are entitled.
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Practical Considerations in Injury Claims
Technical or more practical factors can also affect the recovery of damages following an injury.
Property Damage
Compensation in a personal injury claim often includes reimbursement for the cost of personal property that was damaged in the incident that led to your injury. A common example of property damage is the cost of repairing or replacing a vehicle after a car accident. In a pedestrian accident, the liable party may have to pay for your watch or smartphone if they broke when they struck you with their vehicle.
Insurance Coverage
Tennessee law outlines specific car insurance requirements for motorists. Every vehicle must be insured for $25,000 for each injury, $50,000 for total injuries, and $15,000 for property damage per accident. Many people carry higher limits on their insurance policies. If damages exceed these policy limits, fighting for a full recovery may be more challenging than if that’s not the case.
Noneconomic Damages
In addition to recovering economic damages such as medical expenses, lost wages, and damage to property, you may also be eligible to seek noneconomic damages as part of your personal injury lawsuit. Tennessee law limits how much you may recover, however. In most cases, the cap on pain and suffering damages is $750,000. In cases involving severe or permanent injuries, this may increase to $1,000,000.
Punitive Damages
In cases where the defendant acted with malice or without regard for consequences, the courts may award punitive damages. By statute, punitive damages are limited to the greater of $500,000 or double the economic damages.
Liability and Comparative Fault
Tennessee follows modified comparative negligence laws. Financial liability is proportional to the percentage of fault assigned to each party. This means that the distribution of responsibility for the incident can directly impact how much money you may receive. For example, if you have $100,000 in damages but are 20% at fault, you may only recover up to $80,000 in an award.
The Strength of Your Legal Argument
Personal injury law can be more qualitative than quantitative. The verdict in your case can depend on the judgment and opinions of the court or insurance adjusters. Your personal injury lawyer has the duty to champion your case and present the strongest legal argument possible.
Quality of Compelling Evidence
A robust body of evidence is at the heart of any successful claim. The court decides your case on a preponderance of the evidence, so gathering all relevant evidence is essential. In a personal injury case, important evidence may include things like:
- Witness statements
- Accident scene photos and videos
- Expert testimony, such as vocational experts, to explain the impact on future earnings
- Police reports, incident reports, and other official documentation
- Existing case law that sets a relevant precedent
- Medical and employment records
- Physical evidence, like torn clothing, skid marks, etc.
Your Lawyer’s Skill and Experience
The outcome of your case can hinge on the adeptness of your legal representation. A less experienced lawyer may not be as equipped to negotiate for maximum compensation as an experienced personal injury lawyer. At GriffithLaw, we are committed to helping our clients receive the fair compensation to which they are entitled.
GriffithLaw Will Fight for the Recovery You Deserve
For over 25 years, GriffithLaw has faithfully served clients throughout Middle Tennessee. We specialize in personal injury law and are committed to offering the highest level of service in our quest to help accident victims fight for the justice and compensation they deserve.
Our firm takes pride in securing favorable awards for our clients. In one case, our client was a passenger in a vehicle driven by a drunk driver. The accident caused significant, life-altering injuries, and we were able to secure a policy limit settlement of $1.25 million for them. Contact us today to find out how the GriffithLaw team can help you.
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