There are far too many vehicle crashes in the United States and the state of Tennessee in general. Did you know that there were more than 1,300 fatalities last year in car accidents?
There are many more accidents in which the victims sustain serious injuries. Millions of dollars are also incurred in property damage.
Many people do not understand their legal options after a car collision. Read on to learn what to expect in a Nashville car accident case. Explore the different car accident legal options and how to hire a car wreck lawyer.
When Do I Need a Car Accident Lawyer?
When evaluating your car wreck legal options, you may determine that professional help is required. There are several different cases in which an attorney is necessary.
The most obvious instance is in which you or a family member suffer a significant injury. An extended hospital stay is going to leave you with massive bills. In addition to significant vehicle repair, you are also looking at lost wages and extended physical therapy.
Many make the false assumption that car insurance is going to foot the bill. What they do not realize is that there are people on the road without insurance. In some cases, the other driver is underinsured and cannot cover your bills.
About 1 in 8 drivers on the road in the United States are uninsured. An even greater number falls into the underinsured category.
If you get into a serious collision with one of these drivers, there is a strong likelihood that you will take a financial hit. Even if car insurance covers the damage, you still may want to pursue legal options.
What if your quality of life is substantially degraded due to the accident? Perhaps you lose the ability to walk without considerable pain.
This is just one of many examples that may prompt you to pursue civil justice. If you are unsure about the circumstances and aftermath of your collision, it is best to schedule a consultation with an experienced attorney.
What Is the First Step in the Legal Process?
Now that you acknowledge the need for legal assistance, it is time to make your first move. You are going to want to discuss a potential personal injury lawsuit with a Nashville attorney.
An experienced attorney is going to hear all the details behind your case. They will review the police report, reach out to witnesses, and explore all other pertinent leads.
Your attorney is going to review whether there were other contributing factors behind the collision. For example, was the other driver texting while behind the wheel? Other examples include driving under the influence (DUI) or unlawful distractions.
Consulting with your attorney about the case’s merits is the next step. Based on the evidence collected, your attorney will recommend moving forward or not with a personal injury claim.
It is possible to reach a settlement before the case goes before a judge. This is often a preferred outcome for the other side to save a lengthy and expensive case.
How to File a Personal Injury Lawsuit?
The next step is to serve the defendant with a personal injury lawsuit. This is necessary when your expenses exceed the compensation offered by the defendant’s insurance company. Also, your attorney was not able to reach a settlement prior to filing the claim.
Upon receipt of your lawsuit, the defendant is going to work with their insurance company and legal team. They have 30 days to respond to your lawsuit.
The discovery process is the next phase of the process. This is when both parties submit their evidence to the court for review.
You cannot withhold any information or evidence from the court. A failure to follow the court’s rules during discovery may result in some evidence being rejected for consideration.
Each side has an opportunity to ask questions of the other side. These are referred to as depositions. They take the form of written question-and-answer sessions.
Depositions cover many different topics from witness identification to collision explanations. Discovery may take several months depending on the volume of information exchanged.
Expert witnesses are also called to court. This may include medical professionals or first responders. Each side has an opportunity to call or question expert witnesses.
The trial is the final step in the legal process. The judge is going to hear legal arguments from both parties.
Also, the judge is going to use expert testimony, the evidence presented, and witness accounts to determine who is at fault for the accident. Once fault is determined, the financial claim is reviewed to see how much the defendant is responsible to pay.
What Are Some Other Tips to Consider?
It is important that you do not make a mistake along the process. For example, you may be in contact with an insurance adjuster before hiring a lawyer.
It is not your obligation to tell the insurance adjuster what happened or admit fault. He or she is simply responsible for pricing out the damage. In the end, the insurance adjuster represents the other side and his or her job is to minimize the payout.
On the day of the accident, it is critical to keep calm. Try to take photos or collect names of possible witnesses for a potential case.
Lastly, just because you did something wrong does not mean you are not entitled to compensation. Tennessee follows what is called a modified comparative negligence standard. If the judge assigns you less than 51% of the responsibility, you can still claim damages.
Your Guide to a Nashville Car Accident Case
You now have a basic understanding of what to expect after a Nashville car accident. Of course, your family’s health and well-being are paramount. Make sure to receive all the required medical care to restore your health.
Once you are physically ready, your attorney can start discussing legal proceedings. Expect the process to take up to six months depending on the length of discovery and expert witness testimony.
If you are considering a Nashville car accident case, contact us today to set up a consultation appointment.
Posted in: Car Accidents