Navigating the road to recovery after a car accident can be difficult. In many cases, victims suffer lost income because they are unable to work while their injuries heal. Thankfully, you can obtain compensation for lost income you sustain as the result of your car accident.
You can acquire damages for lost wages after a motor vehicle collision in Tennessee by bringing a third-party claim against the at-fault driver’s insurance company. However, the insurer may not offer a settlement that reflects the true value of your case. In that instance, you may have to file a personal injury lawsuit to recover the full range of compensation you deserve.
Seek help from our experienced Tennessee car accident lawyers by calling Howe Law at (844) 876-4357 for a free case assessment.
Steps to Recovering Damages for Lost Wages in the Aftermath of an Accident in Tennessee
The process for obtaining lost wages after an accident in Tennessee can involve multiple steps. For instance, you may have to take the following actions when seeking these damages in your case:
Filing a Third-Party Insurance Claim
In Tennessee, at-fault motorists can be held accountable for injuries stemming from collisions they cause. Therefore, after your crash, you may seek compensation for your lost wages by filing a third-party claim with other driver’s insurance company. Still, the other driver’s insurer may be hesitant to pay you what you deserve. If you are unable to negotiate a fair settlement, then you may have to file a lawsuit against the at-fault party to obtain adequate compensation for your lost income.
Filing a Personal Injury Lawsuit
In order to obtain compensation for lost wages in a personal injury lawsuit, several key elements must be established. First, you must demonstrate that your crash occurred because of the other party’s negligent behavior. Also, you must prove that you suffered injuries because of your accident and those injuries led to lost wages.
There are several strategies the defendant can employ to defeat your case. It follows that support from our Tennessee personal injury lawyers can be immensely helpful when fighting for the damages you deserve.
Do You Need to Prove Fault to Recover Damages for Lost Wages After a Car Crash in Tennessee?
Whether filing a third-party insurance claim or a personal injury lawsuit, you will have to prove that another driver is at fault for your accident in order to obtain payment for lost wages. Fortunately, there are several types of evidence that our Murfreesboro car accident attorneys can use to prove fault. For example, accident reports, witness statements, expert witness statements, and evidence from your crash scene may all be utilized to establish fault in your case. After your free case assessment, our legal team can immediately begin collecting evidence on your behalf.
How Long Do You Have to Sue for Lost Income After a Car Crash in Tennessee?
The time limit for filing a car crash case in Tennessee is governed by T.C.A. § 28-3-104. Therefore, you will typically have one year from the date your crash happened to seek payment for lost income related to your injuries. This is one of the strictest deadlines in the country. If you fail to bring your case to court on time, you may miss the opportunity to recover monetary damages.
Furthermore, important evidence needed to support your lawsuit can become hard to preserve and gather as time passes. For example, witnesses can forget crucial details, documents can be misplaced, and physical evidence can deteriorate. The sooner you begin working on your case, the more efficiently you can gather the information needed to obtain payment for lost wages you sustained.
Acquiring Payment for Lost Future Income After an Accident in Tennessee
If your car accident injuries permanently prevent you from working in the future, then you may be able to obtain payment for your lost future earning capacity. However, claims for lost future wages can be complicated. In most instances, expert witness testimony is necessary to recover these damages.
Can You Obtain Payment for Lost Income if You Are Partially to Blame for Your Accident in Tennessee?
If you are partially to blame for your accident in Tennessee, you can still seek payment for the lost income you suffered. However, the financial compensation you obtain can be capped.
Tennessee courts adhere to the doctrine of modified comparative negligence. Simply put, this means compensation in car accident cases is apportioned based on each party’s degree of responsibility. As an example, if you were 25% at fault for your collision and the defendant was 75% to blame, then they can be held accountable for 75% of the damage caused by your crash while you must pay for what is remaining.
Still, you must be less than 50% at fault in order to recover payment from another driver. If your portion of the blame was 50% or higher, then you will be prevented from recovering any payment whatsoever.
Evaluating Settlement Offers for Lost Wages After a Car Crash in Tennessee
After filing a lawsuit seeking financial compensation for you lost wages, the defendant in your case will likely present you with a settlement offer. If you accept a settlement offer, then the defendant will pay you an agreed-upon sum of damages in exchange for the voluntary dismissal of your case. There are potential benefits to reaching a settlement agreement. For instance, those who settle early may save on the costs associated with litigating their cases. Furthermore, settling early may allow crash victims to obtain payment sooner.
Still, many defendants in car accident lawsuits try to settle their cases for less than they are worth. If you are not presented with an appropriate settlement offer before trial, then you must go to court to acquire the full range of monetary damages you are entitled to.
Crash Victims in Tennessee Can Call Our Law Firm for Assistance
Get support from our experienced Nashville car accident attorneys at Howe Law by dialing (844) 876-4357.