Although those who uses public roads in Tennessee are expected to drive with the safety of their fellow motorists in mind, that obligation is sometimes neglected. The auto accidents that result from this negligence can lead to significant damages for those involved, not only financially, but sometimes physically, emotionally, and personally as well.

If you were recently harmed in a car wreck that someone else caused, it could be beneficial for you to speak with a Cordova car accident lawyer. You could file suit against a legally negligent driver for every injury and loss you experienced with the help of David E. Gordon. Help from a seasoned personal injury attorney could also be crucial to maximizing your odds of achieving a favorable case result.

Holding a Negligent Driver Liable for a Wreck in Cordova

Like most personal injury cases, the majority of car accident claims filed in Tennessee are based on a theory of legal negligence. For the defendant in a car crash case to be deemed legally negligent and therefore liable for the plaintiff’s damages, all the following must be true:

  • The defendant owed the plaintiff a duty of reasonable care—they were expected to drive safely and keep others from unnecessary harm
  • The defendant violated the aforementioned duty by acting recklessly or carelessly in some way
  • As a direct or proximate result of the defendant’s breach of duty, a car accident occurred
  • Due to the collision, the plaintiff suffered compensable damages

A valid car accident claim must be based initially on at least one physical injury that required some form of medical treatment. Once that requirement is met, a Cordova auto accident attorney could pursue compensation on a plaintiff’s behalf for economic damages like medical bills, lost work wages and lost future earning capacity, as well as non-economic damages, like loss of enjoyment of life and physical pain and suffering.

However, it is important to know that anyone who is seeking civil recovery in Tennessee must file suit within the deadline set by the statute of limitations. According to Tennessee Code § 28-3-104, failing to file a civil case within one year of the incident that caused the plaintiff’s injuries may give a court grounds to dismiss that case and bar the individual from recovering any damages.

The Impact Comparative Fault Could Have on Car Accident Recovery

Particularly when it comes to cases based on car accidents, the principle of comparative negligence can have a huge impact on available recovery. Legal precedent in Tennessee allows a court to find a plaintiff partially liable for their own losses and—based on their degree of their liability—reduce their final damage award accordingly.

For example, a plaintiff found 20 percent at fault for causing the car accident that injured them would be limited to recovering only 80 percent of their total damages. Furthermore, any plaintiff found 50 percent or more at fault may be barred from recovering damages entirely. Representation from a skilled car accident representative may be crucial for any plaintiff in Cordova seeking to maximize their car accident compensation.

Talk to a Cordova Car Accident Attorney About Legal Options

Just as there are numerous circumstances under which car accidents can occur, there are various ways a case can resolve. You could recover compensation for every injury and loss your crash caused you to suffer, but without knowledgeable legal counsel David E. Gordon by your side, it is much more likely that your case will end with you not getting all the compensation you need.

Retaining a Cordova car accident lawyer could be the best decision you can make for yourself before starting a civil claim. To learn more about how a car crash lawyer could help you, schedule an initial consultation today.

The Law Offices of David E. Gordon

The Law Offices of David E. Gordon