A car accident can set you back financially for years. Meanwhile, you might also deal with psychological trauma, making it hard to do normal daily activities. An attorney can help you fight for fair compensation in a lawsuit.
The type of compensation you claim and the value of your damages depends on how you were injured. To prove your claims and get the compensation you deserve, you can take steps at the accident scene to preserve as much evidence as possible. Taking photos, seeing a doctor, and speaking with law enforcement may make a huge difference in your case. Many car accidents are the result of driver negligence. Some common examples include traffic violations, distracted driving, and impaired driving. One very important step in your case is identifying the other driver. While this is often fairly straightforward, it can sometimes be complicated, such as in hit and run accidents.
To arrange a free evaluation of your claims, call (844) 876-4357 and talk to our car accident lawyers at Howe Law.
Getting Compensation for Damages in a Franklin, TN Car Accident Case
Your damages represent everything you lost or endured because of the accident. While many damages are related to the financial costs associated with car accidents, others are based on subjective experiences like pain or emotional anguish. Our car accident lawyers can identify your economic and non-economic damages in addition to other damages that could be available.
Compensatory damages include your economic and non-economic losses. For example, medical bills, the cost to replace your vehicle, lost income from missing time at work, and other out-of-pocket costs can be tallied up and added to your compensatory damages calculations. Your pain, suffering, humiliation, and trauma might not cost money, but they are still part of your compensatory damages. Usually, juries decide the value of non-economic damages during deliberations.
In a select few cases, punitive damages might be available. These damages are meant to be a punishment for defendants whose behavior is found to be especially shocking or offensive. According to T.C.A. § 29-39-104(a), punitive damages may only be awarded if our car accident lawyers can prove by clear and convincing evidence that the defendant caused your injuries intentionally, maliciously, by fraud, or recklessly. Punitive damages may be no more than twice the total of your compensatory damages or $500,000, whichever is more.
Ways to Save Evidence for Your Car Accident Lawsuit in Franklin, TN
One of the most challenging aspects of a car accident lawsuit is gathering evidence to prove your claims. In some cases, drivers are so badly hurt that they cannot begin to think about evidence until later when they have somewhat recovered. Even so, there are ways to try and preserve evidence from your accident almost immediately after it happens.
Photograph the Accident
It is common for people in accidents to take pictures of their vehicle, other vehicles in the crash, and the surrounding area. Most people do this so they have something to show the insurance company to get approved for coverage. However, these photos may also be used as evidence in a courtroom if you sue the other driver.
If you were unable to photograph the scene, it is possible that someone else took pictures. Perhaps the other driver who hit you took pictures for insurance, or maybe other drivers took some photos. It is also possible that a nearby security camera recorded the accidents, and we can use that footage in your case.
Get Medical Attention
While getting medical attention after an accident might seem like an obvious choice to some, others might feel it is unnecessary. For example, a person with a few bumps and bruises might decide to save some money and forgo a trip to the hospital. However, you must get checked out by a doctor as quickly as possible.
It is not unusual for injuries to be invisible from the outside. Things like internal bleeding are often not detected at first and might only be seen after a doctor performs a full evaluation.
In addition, delaying medical care might show your insurance company or the defendant that your injuries were not very serious. In that case, this information might be used to reduce your potential compensation.
Talk to the Police
Even if your accident is relatively minor, you should call the police. The police may interview you, the other driver, and numerous witnesses in the area. If the accident was very severe, the police might consult a full investigation into how the crash happened. While police reports are often inadmissible in court as evidence, they might contain valuable details we can use to find admissible evidence.
For example, if we have a hard time finding witnesses, the police report might have the names of witnesses interviewed by the police. The police report would also be useful for an expert accident reconstruction witness.
Examples of Driver Negligence in Car Accident Cases in Franklin, TN
Driver negligence is arguably one of the biggest concerns on the road today. A common form of driver negligence is a traffic violation. Traffic violations range from mild incidents to severe violations of the law. For example, speeding is a very common traffic violation, and most people speed a little. If the other driver in your case was traveling at a dangerously high rate of speed, they might be liable for your injuries.
Another major contributing factor to car accidents is driving while distracted. Driving and texting, making calls, or watching your GPS device are common distractions behind the wheel. When drivers take their eyes off the road, an accident could happen in seconds. Distracted driving often combines with other traffic violations to create serious accidents.
Impaired driving is not just a major cause of car accidents, it is also often accompanied by serious criminal charges. Drivers under the influence of alcohol or drugs cannot respond quickly to other drivers on the road. They might also be prone to excessive speeding, drifting between lanes, and driving on the wrong side of the road. Many terrible accidents have happened because a driver was under the influence.
Call Our Franklin, Tn Car Accident Lawyers Today
To arrange a free evaluation of your claims, call (844) 876-4357 and talk to our car accident lawyers at Howe Law.