Getting into a car accident can turn your life upside down in an instant. You might suddenly face mounting medical bills, repair costs, and lost income from missed work. If someone else’s negligence caused the crash, you have the right to seek compensation.
Unfortunately, securing that compensation can be complex. Knowing your rights after an accident is the first step, but continue reading to learn the essential steps you must take before any compensation can be collected.
At Bart Durham Injury Law, we are the best option in Kentucky and Tennessee for those seeking legal representation after a personal injury, medical malpractice, or an automobile accident. For more than 40 years, we have helped clients navigate the legal process and receive the compensation they deserve after devastating events.
We work on a contingency fee basis, meaning you owe no attorney fees unless we secure money for you. We handle all aspects of your claim, from gathering evidence to negotiating settlements with insurers, so you can focus on recovery.
Steps To Take After an Accident
After an accident, taking these immediate actions can strengthen your claim:
- Ensure Safety and Call 911: Check for injuries on yourself and on passengers. Call 911 so that officers can document the scene and file an official police report. Never leave the scene.
- Gather Evidence and Information: Exchange contact and insurance details with the other driver. If possible, take photos and videos of the vehicle damage, any visible injuries, and the overall scene. Be sure to ask for a copy of the police report and compile witness statements, if possible.
- Seek Medical Attention: Even if you feel okay, get a medical checkup as soon as possible. Some injuries, like whiplash or internal trauma, may not show symptoms right away. Ask for a copy of all medical records, including records of requested tests and results. Never delay medical treatment after an accident.
- Notify Your Insurance (Cautiously): Report the accident to your insurance company as soon as possible. Give them the basic facts of what happened, but be careful not to admit fault or give a recorded statement. Never accept first settlement offers, as they are often a fraction of what your compensation could be.
Dealing With Insurance Companies
Insurers, whether yours or the other driver’s, want to pay as little as possible. An adjuster may offer a quick settlement, but accepting the first offer is usually a mistake since it’s likely a low-ball amount that will not cover all of your expenses.
Instead of dealing with adjusters alone, let Bart Durham Injury Law handle the negotiations and prevent you from making critical mistakes like giving recorded statements or signing documents.
Partnering with our lawyers ensures you have someone in your corner who will fight for a fair settlement and won’t be manipulated by insurance adjusters.
Understanding Tennessee’s Accident Laws
Tennessee is an at-fault state for car accidents, meaning the driver who caused the crash (and their insurer) is responsible for the damages. However, accidents are rarely 100% the fault of one driver.
Tennessee’s modified comparative negligence rule (PDF) states that if you are 50% or more at fault for an accident, you cannot recover any compensation. If you are less than 50% at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault. For example, if you’re deemed 25% at fault for a car accident and awarded $100,000, you’ll receive $75,000.
Be aware of Tennessee’s statute of limitations as well. In this state, you generally have one year from the date of the accident to file a personal injury lawsuit. The longer you wait, the harder it is to receive compensation, as evidence can be lost or witnesses may be unable to be contacted.
Filing a Lawsuit
You should consult an attorney if you’ve sustained injuries, liability is disputed, multiple parties are involved, your claim involves medical malpractice, or the insurer offers an unreasonably low settlement. Early legal involvement preserves evidence, prevents costly mistakes, and boosts your chances of a favorable outcome.
A lawyer from Bart Durham Injury Law can seek economic damages that cover your medical expenses, lost wages, and any property damage incurred. They can also fight for you to secure non-economic damages that cover your pain and suffering, as well as emotional distress.
If the driver who caused the accident was reckless, distracted, or under the influence, our lawyers can also seek punitive damages that punish them for their irresponsible behavior.
Trust Bart Durham Injury Law for Your Accident Claim
When the aftermath of an accident feels overwhelming, Bart Durham Injury Law stands ready to help victims in Kentucky and Tennessee secure the compensation they deserve. Our legal team handles every aspect of the legal process, from investigations to negotiations, so that our clients can focus on healing.
With more than 40+ years of experience, a contingency-fee promise, and our aggressive advocacy, we have earned a reputation as a true advocate for injured folks across the state. Partner with us today to see why we are the best choice for your personal injury, medical malpractice, or auto accident case.
Don’t wait to get the support you need. Contact Bart Durham Injury Law today for a FREE consultation and to partner with a trusted advocate in the courtroom.
Visit our website or call us at 800.844.1712 to get started today.
