Car accidents happen every day on roads in Knoxville and Chattanooga, Tennessee, due to heavy traffic, unpredictable weather, and distracted driving. According to the Tennessee Department of Transportation, Tennessee is ranked among the top 10 states for high traffic fatalities. While no two crash cases are the same, understanding the factors affecting final settlement amounts can help you set realistic expectations and what the claim process looks like.
How Much Do You Usually Get in Car Accident Settlements in Tennessee?
Car accident settlement amounts in Tennessee can be anywhere between a few thousand dollars to in the upper five-figures. When an accident causes severe injuries, settlements often surpass six figures. There isn’t a “standard” payout, as settlement amounts are determined by a combination of factors including the severity of injuries, medical expenses, lost wages, insurance coverage limits, percentage of fault, and pain and suffering.
How Are Car Accident Settlements Calculated in Tennessee?
In Tennessee, car accident settlements are determined by combining economic damages and non-economic damages. The total settlement is then adjusted under Tennessee’s 50% comparative fault rule, which reduces your compensation based on the portion of fault attributed to you.
What Are Economic Damages in a Car Accident?
Economic damages compensate you for tangible financial losses you incur as a result of the car accident that are to compensate you. Examples of this include:
Medical Expenses
Medical expenses are often the largest factor in the car accident settlement amount. This includes emergency care, surgeries, follow-up visits, therapy, medications, and any future treatment or equipment your doctor anticipates. This ensures you don’t have large medical bills, and are compensated for both current and long-term care.
Lost Wages & Earning Capacity
Lost income and decreased earning capacity often make up a significant portion of a settlement, covering both what you’ve already lost and what you may lose in the future.
Property Damage
Property damage compensation covers the cost to repair your vehicle after an accident or, if the car is deemed a total loss, the fair market value of the vehicle at the time of the crash. In addition to the vehicle itself, settlements can also cover damages to personal belongings inside the car like electronics, child seats, or other valuable items.
What Are Non-Economic Damages in a Car Accident?
Non-economic compensation is for the physical, emotional, and psychological toll that an accident can have on a victim’s life.
Emotional Distress
Compensation for emotional distress is for the psychological toll a crash can have on a victim such as trauma, anxiety, depression, PTSD, and loss of enjoyment in life.
Pain & Suffering
Because pain and suffering damages are subjective, hiring an experienced Chattanooga or Knoxville, Tennessee, is really important to help you secure the compensation you’re entitled to. Wettermark Keith’s attorneys have secured thousands in compensation for victims of car accidents, and will fight to get you the compensation you deserve.
Permanent Disfigurement Or Disability
Permanent injuries such as scarring, amputations, or long-term physical limitations can significantly impact your quality of life. These lasting injuries are factored in when calculating your final settlement amount.
How Does Tennessee Law Impact a Car Accident Settlement?
Tennessee law follows a comparative fault rule, which lowers your compensation according to the portion of fault attributed to you. Settlements combine economic damages and non-economic damages.
Comparative Fault Rule
Tennessee follows a 50% comparative fault rule, meaning you can still recover damages as long as you are 50% or less at fault for the accident. Your total settlement is reduced by the percentage of fault assigned to you. For example, if your damages are $50,000 and you’re found 20% at fault, you would receive $40,000.
Economic vs. Non-Economic Damages
- Economic damages include, medical bills, property damage, lost wages, and other financial losses.
- Non-economic damages include, pain and suffering, emotional distress, and loss of enjoyment of life.
Statute of Limitations
In Tennessee, you usually have one year from the date of the accident to file a personal injury lawsuit. Missing this deadline can prevent you from recovering any compensation, which is why contacting Wettermark Keith’s car accident attorneys as soon as possible is important so we can start investigating the crash.
Common Factors That May Affect Your Percentage of Fault
- Speeding or reckless driving.
- Distracted driving (e.g., texting or talking on the phone).
- Failure to obey traffic signs or signals.
- Not wearing a seatbelt.
- Ignoring hazardous conditions or warnings.
Factors in the accident can result in shared fault, even when the other driver caused the crash. Insurance companies often try to shift blame onto the injured party to reduce the payout. This is why it’s important to contact a Wettermark Keith’s car accident attorney so we can act quickly to preserve evidence.
What is the Car Accident Settlement Process in Tennessee?
- Document Everything⎯Take photos of the scene, get witness information, and keep a record of any medical treatments. Strong evidence can help reduce any unfounded claims that you share a large percentage of blame.
- Seek Immediate Medical Attention⎯Even if you feel fine after an accident, adrenaline can mask injuries, so prompt care not only ensures your well-being, but also creates a clear medical record linking your injuries to the accident.
- Don’t Speculate⎯At the scene and afterward, to speculate or admit fault. Only focus on factual statements.
- Contact an Attorney⎯Contact a personal injury accident attorney as soon as possible to understand what your rights are and make sure deadlines are met for filing. At Wettermark Keith, we offer free case consultations so we can discuss the details of your claim, start investigating the accident, and make sure your rights are protected.
- Demand Letter⎯Your attorney will send a demand letter to the insurance company outlining the facts of the case, and the amount you want to be compensated for.
- Negotiation⎯The insurance company most likely will counter with a lower offer, which usually starts a back and forth negotiation process.
- Settlement⎯After agreeing on a settlement amount, you’ll be required to sign a release agreement outlining the payment terms and releasing the at-fault party from future liability. In most cases, signing this document prevents you from bringing any further claims related to the accident.
Car Accident Attorneys in Chattanooga & Knoxville, TN, with No Upfront Fees
Car accident settlements in Chattanooga and Knoxville, TN, vary widely because every crash involves different injuries, expenses, and liability questions. Your final settlement value comes down to how serious your injuries are, your medical expenses, lost wages, how strong the evidence of fault is, and whether you have an experienced car accident attorney who knows how to negotiate with insurance companies and protect your rights.
At Wettermark Keith, our Tennessee car accident attorneys work on contingency, and have secured thousands in compensation for clients. Contact Wettermark Keith 24/7 at(877) 455-4518 or filling out our online form.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
