Auto Accident Lawyer Memphis, TN
If you were injured in a car accident, it might be time to consult with an auto accident lawyer Memphis, TN trusts. Many injured victims attempt to deal with the insurance company themselves. However, that can result in a settlement that is far less than the victim is entitled to receive. A seasoned auto accident Memphis, TN former clients recommend knows that not having an attorney can even lead to having the insurance company denying your injury claim completely.
At Wiseman Bray, we have helped many auto accident victims receive justice and collect the financial compensation that made them whole. With one of our dedicated Memphis auto accident lawyers by your side, you too will be much more likely to obtain the compensation that will make you whole.
Steps to Take After an Auto Accident
An experienced auto accident lawyer Memphis, TN residents call understands that many victims may be in shock and traumatized after an auto accident. However, in order to receive the compensation you deserve for your injuries, it is important to stay calm and follow these steps:
- Get a copy of the police report. Police should be called to a car accident scene to take a report, especially if any individuals suffered serious injuries. A police report includes important information about the car accident, including where it happened and who was involved. Remember to ask for a copy of this report before you leave the scene.
- Take photos. If you are physically capable, try to take a few photos of the accident scene with your cell phone camera. Clear photos of your injuries, the damage to your vehicle, and any skid marks on the road may help your auto accident lawyer in Memphis, TN prove your case in court.
- Talk to witnesses. If there were any witnesses who saw the car accident, it may be a wise idea to obtain their names and contact information. Your auto accident lawyer Memphis, TN respects may ask these witnesses to testify on your behalf in court.
- Seek medical attention. Even if your injuries seem minor, it may be in your best interest to seek medical attention as soon as possible. An auto accident lawyer Memphis, TN offers knows that it is not uncommon for symptoms of accident injuries to be delayed. In fact, they may not show up for days, sometimes even weeks, after the accident. A doctor can examine your injuries and determine what kind of treatment they require. If you neglect to have your injuries examined by a medical professional, the insurance company may assume you are not really hurt and consequently refuse to cover your medical bills. Alternately, if there is evidence of your injury, the insurance company could try to say the injuries occurred after the accident. To prove that they may point to the fact that you delayed getting a medical examination.
- Hire a lawyer. A skilled auto accident lawyer Memphis, TN relies on may help you win compensation by gathering evidence and building a strong argument against the liable party. Schedule a meeting with a Wiseman Bray lawyer as soon as possible to discuss your case.
Assessing Liability in Tennessee Car Accidents
An auto accident lawyer Memphis, TN chooses for representation following a car accident will likely focus on determining which driver or entity is liable for causing the accident. Liability determines which party’s insurer will be responsible for paying the damages.
Tennessee has a modified comparative fault-based system. This means that liability for any damages caused by the at-fault driver is the responsibility of that driver and he damages will be paid by the at-fault driver’s insurance company. Damages are the total of personal injury-related costs and property damage costs resulting from the accident.
In Tennessee, when both drivers are at fault, the injured person who is deemed more than 50% responsible for the accident may not be entitled to compensation. The driver who is less than 50% fault is entitled, but with a catch. In other “fault” states, liability is all-or-nothing; in Tennessee’s comparative fault system, the award is reduced for the driver who is less than 50% at fault by the percentage at which they are at fault. As an example, if one driver is 85% percent at fault, and another driver has been determined to be 15% at fault, the driver who is more at fault will be responsible for 85% of damages. No damages would be awarded to the driver who is 85% at fault.
How Is Fault Determined?
It’s important to understand that in normal accident claims, insurance companies have the final say in determining who is at fault. Insurance adjusters do not have to make the same determination as what is reflected in the police report. A good rule of thumb, however, is that when one driver is determined to have violated a traffic law and received a ticket for it, they are almost always held entirely responsible for the car accident. Every situation is unique, however, so it’s important to contact an auto accident lawyer Memphis, TN residents turn to if you have concerns about your case.
Some accidents provide clear evidence regarding who was responsible, as an auto accident lawyer Memphis, TN drivers trust may attest. Rear-end collisions and collisions during left hand turns are two examples. In a rear end collision, the following vehicle is almost always at fault unless they can prove that the leading driver slammed on their breaks unjustifiably. Accidents with drivers making left-hand turns are often caused by the turning driver.
In the absence of a clear-cut case, an auto accident lawyer Memphis, TN residents trust may attempt to prove that the other party was negligent in some way, and that negligence caused the accident. Negligence refers to when a driver fails to comply with certain duties required of them, and that breach of duty causes an accident. While reckless driving would be an obvious example of negligence, there are more subtle examples, such as driving with a broken headlight at night or driving with a broken turn signal. This is when an experienced Memphis auto accident lawyer may collect and present evidence to make your case. Some examples of admissible evidence are photos, statements from witnesses, video footage, car damage, skid marks, and police reports. If you were able to collect evidence at the scene, this evidence may be useful in your claim. If not, your auto accident lawyer in Memphis, TN may collect evidence on your behalf.
How Much Is an Auto Accident Case Worth?
A seasoned auto accident lawyer Memphis, TN provides knows that every auto accident case is different. Some claims are worth more than others. The value of your auto accident case may depend on a number of factors, such as how much your medical bills cost, any future medical care you may require, lost wages, and your overall pain and suffering. For example, if you suffered a severe head injury that requires future medical treatments, you may be entitled to a significantly higher compensation amount.
Your auto accident lawyer Memphis, TN clients rely on can explain to you in detail what damages you may be entitled to receive from the at-fault party. In general, car accident victims can sue for economic damages and noneconomic damages.
Economic damages are those that have a hard dollar amount attached to them. For example, any costs associated with medical treatment are damages that you can pursue. This includes bills for:
- Medical costs: Ambulance transport, emergency room treatment, hospitalization, surgeries, doctors’ visits, medical equipment, prescription, and over-the-counter medications, physical therapy
- Transportation costs to and from medical appointments
- Emotional or psychological suffering
- If the accident left you with a permanent disability that requires special accommodations for your home such as wheelchair access, these costs may also be included in your lawsuit or damage claim.
- Loss of income, both in the past and any future income you cannot earn because of your injury. Loss of income can also be applied to benefits you may have lost, as well as those you may have had to use during your recuperation, such as sick or vacation time. If you are unable to go back to the type of work you had before the accident, you may be able to obtain financial damages for that loss of income, too.
Noneconomic damages are those types of damages that do not have an actual dollar amount. However, you are entitled to receive financial compensation as a way to “make you whole” again. You may be able to obtain noneconomic damages for:
- Pain and suffering
- Mental anguish or distress
- Loss of life enjoyment
- Loss of companionship or consortium
Contact a Memphis Auto Accident Lawyer Today
An auto accident lawyer Memphis, TN depends on can meet with you and determine the approximate amount of compensation to which you are entitled. At Wiseman Bray, the approach we take in handling car accident injury cases is what sets our firm apart from the average auto accident lawyer in Memphis, TN. Other lawyers take on hundreds of cases and are often only interested in coming to a quick settlement of the case and avoiding litigation. Each auto accident lawyer Memphis, TN turns to at Wiseman Bray is committed to getting our clients the maximum amount of compensation that is possible.
Our firm’s legal team is available to discuss your case during a free initial consultation. If you are searching for a trusted auto accident lawyer Memphis, TN has to offer, contact Wiseman Bray at 901-372-5003.