Lewisburg is a city located in the rolling hills of Marshall County in central Tennessee. It has a population of over 10,000 people and covers about 12 square miles, located between Nashville and Huntsville, Alabama on I-65. First settled by Native Americans, the city was named for famous explorer Meriwether Lewis, known as one of the leaders of the Lewis and Clark Expedition. It was incorporated in 1837, just after it became the county seat of Marshall County. The area was a trading and shipping center for livestock and farm produce until 1925. Today, it is the World Headquarters of the Tennessee Walking Horse Breeders’ and Exhibitors’ Association. If you have been hurt in an auto wreck near the Lewisburg area, you may be able to pursue compensation with the assistance of experienced attorney Matt Hardin. As a Lewisburg car accident lawyer, he is familiar with all types of vehicle accident claims, including car, truck, and motorcycle accidents, as well as other injury case types such as slip and falls, defective products, medical malpractice, wrongful death, and more.
A victim can potentially recover damages from a careless driver if he or she is successful in a negligence lawsuit. The main points that must be established to assert the right to compensation include a duty of care, a breach of that duty, actual and proximate causation, and compensable damages. Often, accidents are caused by the negligence of multiple parties. In some states, defendants may be held “jointly and severally liable” such that a successful plaintiff can recover the full amount of his or her damages from any of them. By contrast, an accident victim in Tennessee can only recover from a negligent party to the extent that this specific defendant was at fault.
This state follows a modified form of comparative negligence, and a Lewisburg lawyer with experience handling car accident cases will be familiar with this rule. Under this doctrine, the victim can recover damages only if he or she was 49% or less responsible for the accident. A defendant that is able to show that a plaintiff was 50% or more responsible for a crash will not have to pay any of the costs or losses that arose from it. Assuming that the victim is 49% or less responsible, however, it is possible to seek compensation up to the percentage of damages for which any defendant found liable is at fault. For example, if a jury finds $200,000 worth of damages and allocates 25% liability to the injured person and 75% liability to the defendant, a compensation award of up to $150,000 may be recovered.
Unfortunately, a defendant may have no insurance and no assets. In that case, you may need to file a claim with your own insurance company under your policy’s uninsured/underinsured motorist coverage provisions. In Tennessee, all automobile insurers must offer these options for the same amount of coverage as other portions of the policy. Some drivers try to save money on premiums by waiving uninsured motorist coverage in writing. These drivers do not have recourse when an uninsured or underinsured driver causes an accident.
The forms of compensation that may be available following a successful negligence claim can include economic and noneconomic damages, and your Lewisburg car accident attorney can potentially help you pursue them. Economic damages refer to quantifiable costs such as past and future medical bills, past and future lost wages, loss of household services, property damage, and out-of-pocket expenses. Noneconomic damages cover more subjective types of harm, like pain and suffering, mental anguish, loss of enjoyment of activities, or loss of consortium. In Tennessee, noneconomic damages are capped at $750,000 in ordinary cases and at $1 million for catastrophic injuries.
Significant repercussions can result from car accidents in the region surrounding Lewisburg. If you are seriously injured, many areas of your life and the lives of your loved ones may be affected. You can only bring one claim against any people or entities responsible for your accident. This makes it important to pursue the full range of your damages in that lawsuit. Consult personal injury lawyer Matt Hardin by calling 615-200-1111 or completing our online form.