Motor vehicle accidents are the most common source of personal injuries in Murfreesboro, and they are often some of the most dangerous. Even at low speeds, a collision between two commuter cars can cause tendon sprains, lacerations, and fractures, and more severe incidents often lead to traumatic brain damage, spinal cord injuries, and other catastrophic harm.
If you were hurt in a car wreck recently that someone else caused, you should speak with a Murfreesboro car accident lawyer about your legal options. A seasoned personal injury attorney could help you take stock of your damages and pursue fair compensation for every one of them in or out of court.
Establishing Liability in a Murfreesboro Car Wreck
Personal injury claims stemming from car accidents rely on the theory of negligence. Under this theory, an injured plaintiff could hold the defendant financially liable for their related injuries and losses if they can prove that all of the following are true:
- The defendant owed a duty of reasonable care to the plaintiff
- By acting recklessly, carelessly, or intentionally, the defendant violated their duty of care
- The defendant’s breach of duty proximately caused an accident
- The plaintiff suffered compensable losses as a direct result of that accident
Every driver on Tennessee roads automatically owes a duty to other commuters to drive responsibly and carefully, but proving causation can be complicated depending on the case. This is partially because the defendant might not be the only person liable for a car crash case. In some cases, the plaintiff might bears some responsibility for the collision.
If a court assigns a percentage of fault to an injured plaintiff, that court could then reduce the plaintiff’s recoverable compensation by that same percentage. If the plaintiff is 50 percent or more at fault, the injured might not be eligible for legal recourse. One of the most critical ways in which a local attorney could help someone injured in a car wreck is by contesting allegations of comparative fault and working to ensure an injured party’s compensation is not unfairly restricted.
Other Potential Limits on Civil Recovery
Unfortunately, there are numerous other ways plaintiffs may have their financial recovery limited. For example, Tennessee laws might cap recovery for non-economic damages, human damages that might not have explicit dollar values, at $750,000 for most civil cases, or $1 million for cases involving catastrophic injuries.
Additionally, Tennessee is usually considered to have has one of the strictest statutes of limitations for civil claims in the United States. According to Tennessee Code §28-3-104, injured parties who wait longer than one year after a car crash to file suit may have their case time-barred and therefore have their right to pursue compensation taken from them. However, if the defendant driver received a traffic citation, that legal deadline may be extended to two years. Once retained, a vehicle wreck lawyer in Murfreesboro could work tirelessly on a plaintiff’s behalf to ensure these and other legal obstacles do not negatively impact their case.
Discuss Your Options with a Murfreesboro Car Accident Attorney
After being involved in a serious car crash, the stress of financial burdens and physical pain could be overwhelming. Therefore, enlisting the services of a compassionate attorney could help you seek a full and complete financial recovery.
Guidance from an experienced Murfreesboro car accident lawyer could ensure your case proceeds smoothly and may significantly increase your odds of a positive resolution. To see how dedicated legal counsel could help you, call today to set up a consultation.