It is not just your imagination that traffic in Memphis is worse than it used to be. Not only are there more cars on the road, but drivers seem more distracted than ever before with the presence of cell phones, GPS, multiple music options, and car diagnostic screens.
Drivers know it is their duty to follow the rules and drive safely when behind the wheel of a car. However, some drivers let distractions compromise the safety of others. When irresponsible conduct causes an accident, it is important to hold these drivers accountable for the harm they have caused.
A Memphis car accident lawyer can help you establish legal liability and recover compensation if you or a loved one has suffered injuries in an automobile collision. While a seasoned personal injury attorney cannot erase the effects of the accident, they could help you receive restitution that will provide for future needs. Let David E. Gordon assist you in safeguarding your financial future.
How Can a Plaintiff Recover Damages After an Auto Collision?
When a person injured in a car accident is able to prove that another’s negligence or wrongdoing caused their injuries, the injured individual could receive payments to compensate for the significant consequences of the collision. These payments are often referred to by automobile lawyers as damages.
An injured individual can recover compensation for economic or noneconomic damages, which are either ones with a value that can be calculated, or intangible losses with a real impact on a person’s wellbeing but no direct monetary equivalent. Damages could be awarded for consequences such as:
- Lost wages due to time missed from work
- Reduced earnings anticipated in the future
- Hospital bills
- Future medical treatment, including therapy
- Pain and suffering
- Emotional anguish
- Loss of enjoyment of favorite activities
An experienced car wreck lawyer in Memphis can calculate the value of reasonable damages to compare with any settlement offers received.
Statute of Limitations for Memphis
State law requires car accident victims to act promptly if they want to receive compensation after a collision, as a lawsuit must be filed within one year of the incident or the court may dismiss the case.
This deadline, often referred to as the statute of limitations, is established by Tenn. Code Ann. §28-3-104(a)(1)(a). Many car accident cases settle out of court, but if the insurance company knows the statutory deadline has expired, the company will have no incentive to pay a settlement, which is why it is wise to adhere to the time limit set by the state.
Negligence in Car Wreck Cases
Car accident victims are not automatically entitled to compensation, even if their injuries are severe. They must first demonstrate that another person caused the accident and that their negligence resulted in harm.
A motor vehicle collision lawyer in Memphis can work to prove that another driver’s negligence caused the incident. Drivers can be considered negligent when they fail to fulfill the duty of care they owe to others on the road and this error in judgement causes harm. For example, if a driver is talking on the phone instead of paying attention to the speed of traffic and rear-ends the car in front of them, the failure to watch changing conditions and keep a safe distance between vehicles is considered a breach of duty on the part of the distracted driver, making them responsible.
Work with a Knowledgeable Memphis Car Accident Attorney
It is a good idea to consult a Memphis car accident lawyer without too much delay after a collision so they can begin to collect and preserve the evidence before the scene changes or witnesses’ memories fade. It can take time to prepare a demonstration of liability, so giving your attorney a head start can help increase the potential for a successful recovery.
An attorney can represent your interests during discussions with investigators, leaving you free to work on returning to health. To learn more about how David E. Gordon could help your case, call today for a free consultation.