Car accidents can cause different types of damages that involve personal injuries, property damage, and vehicle damage. The costs of these damages can add up fast. Some insurance companies may offer you a settlement in response to your personal injury claim, but most initial settlements are not enough. This is when filing a personal injury lawsuit can help you out. A Tennessee auto accident lawyer can give you an accurate estimation of how much your settlement could be if the lawsuit is successful.
What Compensation Am I Eligible For?
The two main types of damages under compensatory damages are specific damages and general damages. You may be eligible for either of these depending on what you experienced as a direct result of the accident. These damages hold the at-fault driver liable for the accident. Each type comes with a certain amount of compensation. A lawyer can help you calculate them to compare the total to how much your insurance company initially offered you. This determines whether you received a fair settlement and steps can be taken if the deal was unfair.
Specific damages include objective concrete financial losses from the accident. This means medical bills from your personal injuries, the amount of wages you lost during recovery, and property damage. Your loss of abilities from severe injuries falls under “loss of earning capacity” damages. This means you suffered a disability that limits your work performance.
General damages are considered non-economic because they are based on subjective experiences. This involves pain and suffering, emotional distress, and physical deformities. Unlike specific damages, Tennessee limits how much compensation you can receive for general damages to avoid overcompensation.
Seeking Compensation After the Car Accident
To receive compensation, you will need evidence. A lawyer can help you collect documents like medical bills, police reports, employee statements regarding lost wages, and other relevant documents.
Your legal options after a car accident include filing a lawsuit against the other driver’s insurance company, your insurance company, or directly against the other driver. The option you choose can depend on various factors surrounding the car accident. For example, if the other driver is uninsured, the option would be to sue the driver in court.
You would sue the other driver’s insurance company if you suffered personal injuries from the accident and if the other driver was at fault. However, if the cause is unclear, you may have to file a claim with your insurance company first. In the event that your insurance company refuses to cooperate with you for illegitimate reasons, then you can sue your own insurance company for bad faith.
An experienced lawyer can help you figure out the best option for your situation.
