Whiplash injuries can have a devastating impact on virtually every aspect of your life. When physical limitations, financial losses, and psychological trauma are all-consuming, you can take steps to regain control of your life.
With help from a Marion personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC, you can heal more while we handle your legal case from start to finish. Contact our team for a free consultation today to determine what is next for your whiplash injury claim.
How to Recover Compensation After Suffering Whiplash
After a whiplash injury, it can be challenging to know what your next steps should be. When you have a reputable whiplash lawyer in Marion, TN, on your side, you can maximize the compensation you win and begin to pick up the pieces of your life.
Here are some of the top ways to get the most out of your injury claim:
Prove Liability and Negligence at Trial
We must prove negligence and liability to recover total compensation for your damages. Bringing a civil car accident claim against the individual or entity who caused your whiplash injuries is one of your best options. Here, you will not face the same limitations insurance claims carry.
In court, you can recover full restitution for all your economic damages and up to $75,000 for non-economic damages. To win, your whiplash lawyer must show that the defendant’s negligence caused your injuries. The elements of negligence are as follows:
- The defendant owed you a duty of care
- The defendant breached that duty of care
- The defendant’s breach caused your whiplash injuries and damages
- You suffered considerable damages or injuries in the accident
Types of Damages You Can Recover at Trial
There are multiple types of damages that you could win in your whiplash claim. As previously mentioned, there are two primary types of losses: economic damages and non-economic damages.
Economic damages consist of monetary losses, while non-economic damages include how your life has been affected by your whiplash injuries in the accident that caused them. Examples of such losses could consist of the following:
- Physical pain and suffering
- Reduced quality of life
- Emotional trauma
- Loss of income and future earnings
- Loss of employee benefits
- Loss of household services
- Reputational damages
- Personal property damages
- Vehicle repair costs
- Loss of consortium
Seek Damages Through the Insurer
Another way to recover damages after a whiplash injury is by filing a claim with the insurance company. Tennessee follows a fault system for insurance claims, so filing a claim with the liable party’s insurer should be a top priority. However, if the liable party is not insured or lacks sufficient coverage, and you have purchased no-fault insurance coverage, you may have a chance to file a claim with your insurer.
How Insurance Settlements Work
Your whiplash lawyer will negotiate with the insurance company on your behalf. Generally, insurance settlements do not cover every loss. Insurance settlements are only paid out up to the highest limits of the policyholder’s claim.
For instance, if the defendant only purchased the minimum of $50,000 per accident in bodily injury liability coverage, but your medical bills exceeded $100,000, the insurance company would only be obligated to pay you $50,000.
The remaining losses the insurance company does not cover can be recouped through your civil claim at trial.
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Tennessee Personal Injury Laws Impacting Your Whiplash Injury Claim
Multiple personal injury laws could influence the outcome of your case. Your whiplash attorney in Marion, TN, is here to help you understand these laws and protect you from an unfavorable outcome.
Statute of Limitations
Tennessee has some of the strictest statutes of limitations in the country. With only one year to file your claim, starting work on your whiplash case immediately after the accident is crucial. The sooner you get started, the more likely we can gather the time-sensitive evidence we need to prove liability and negligence.
Do not be surprised if the liable party blames you for causing your injuries. Tennessee has a modified comparative negligence system that describes how shared fault claims are handled. There is a 50% threshold in the state’s modified comparative negligence laws.
You can still pursue your case if you are less than 50% responsible for causing the accident or your resulting whiplash injuries. If your percentage of fault exceeds this amount, you may lose the chance to pursue your claim and even find yourself the subject of a personal injury lawsuit.
If you are less than 50% to blame, you can expect your settlement to be reduced by your percentage of fault. For instance, if you were not wearing your seatbelt when you were involved in a car accident and ultimately suffered whiplash, the court may find you 15% liable for your injuries. If the jury awarded you $100,000 for your damages, this would be reduced by 15%, leaving you with $85,000.
Your Marion whiplash attorney will be by your side to ensure fault is accurately evaluated and you are not taken advantage of in your greatest time of need.
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Common Ways Whiplash Injuries Happen
Whiplash injuries often occur in motor vehicle accidents. However, other types of incidents have also been known to cause whiplash. Some examples include:
- Sports-related accidents
- Slip and fall accidents
- Work-related accidents
- Product malfunctions
- Physical abuse
Potentially Liable Party for Your Whiplash Damages
Your whiplash lawyer will carefully evaluate how your injuries occurred to establish liability. The type of accident you were involved in will help us determine who is responsible. Some parties who could be sued for your whiplash damages include:
- Negligent drivers
- Irresponsible property owners
- Reckless supervisors
- Negligent product manufacturers, designers, or distributors
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It would help if you did not have to cover the costs of your injuries and deal with the consequences when someone else is responsible.
Take steps to recover the compensation you deserve when you contact a knowledgeable Marion whiplash lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC for a free, no-obligation consultation. Please fill out our quick contact form or call us to schedule yours as soon as today.