Winchester and Monteagle are cities in Franklin County, Tennessee. Monteagle is also part of Grundy and Marion Counties. Winchester is named after a Revolutionary War soldier and the first Speaker of the Tennessee Legislature, James Winchester. During the Civil War, the city was first occupied by Confederate troops and then captured by the Union army. Franklin County seceded months before the rest of Tennessee. Nowadays, Winchester holds an annual Dogwood Festival. Monteagle is referenced in a Johnny Cash song called “Monteagle Mountain,” and it is famous for a dangerous stretch of I-24 that runs over what is known as Monteagle Mountain, a landmark between Chattanooga and Nashville. If you have been hurt in an auto wreck near Winchester or Monteagle as a result of somebody else’s negligence, you should contact an experienced attorney. Winchester car accident lawyer Matt Hardin is skilled in all types of injury claims, extending from car, truck, and motorcycle accidents and wrongful death to medical malpractice, slip and falls, defective products, and more.
Someone who brings a negligence lawsuit must prove certain issues by a preponderance of the evidence. In addition to showing that the defendant had a duty of care and violated this obligation with some careless action, an accident victim would need to draw a direct causal link from the breach to his or her injuries and identify quantifiable damages that he or she suffered. The failure to prove one of these elements can result in the dismissal of a negligence case. A Winchester lawyer with knowledge of car accident lawsuits can evaluate whether the facts of your case may fulfill the necessary elements.
In Tennessee, victims can recover damages as long as they were 49% or less at fault for the accident in which they were hurt. Assuming that an injured person proves the elements of a negligence claim and is not 50% or more responsible for his or her own harm, he or she can potentially recover a compensation award up to the extent that any defendant held liable was at fault. If the jury awards $100,000 but finds the victim 25% at fault, for example, he or she can recover up to $75,000.
Damages that may be recovered can be economic or noneconomic. Economic damages encompass the tangible losses related to an accident. They can be proven with bills, receipts, and other documentation, often including medical expenses, lost income, out-of-pocket costs, and property damage. A Winchester car accident attorney can help identify which documents you may need to present with regard to this aspect of your case.
Noneconomic damages include intangible losses that require the jury’s subjective assessment of how much an accident has truly affected a victim. This decision is usually reached after listening to his or her statements and those of other witnesses. These types of damages may include pain and suffering, mental anguish, loss of consortium, and loss of enjoyment. For example, a victim may have worked out with weights and ridden a motorcycle before an accident. Afterwards, he or she may not be able to do these activities anymore. The jury can evaluate what this loss of enjoyment was worth. In Tennessee, noneconomic damages are capped at $750,000 for ordinary injuries and $1 million for catastrophic injuries.
An unexpected car accident in Winchester or in a nearby community like Monteagle can have devastating consequences that change your life forever. Let an experienced legal professional alleviate your burden by pursuing the compensation that you need while you focus on the recovery process. Consult personal injury lawyer Matt Hardin by calling 615-200-1111 or sending a message through our online form.