FAQ

PERSONAL INJURY FAQ

There is a one year statute of limitations in Tennessee. This means that you have one year from the date of the wreck to either settle your claim or have a lawsuit filed in court. Otherwise you will lose your claim.

What should I do after an incident has just occurred?

  • If anyone is injured, call 911. It is most important to take care of injured parties first.
  • Never discuss fault or responsibility for the wreck at the scene.
  • Take pictures or video of both cars and the scene of the wreck.
  • Obtain insurance information from the other party involved in the wreck. Only provide the name and phone number of your insurance agent.
  • If you have any other questions about the procedures that need to be followed after a wreck you can contact an attorney for help. If there are injuries involved, before you talk to an insurance agent, we recommend you talk to an attorney. We will talk to you for free.

How much is my claim worth?

The value of your personal injury claim is based on many factors, including the determination of fault on the part of the other party, your injury, your treatment, how much money is available, how much the medical bills are, etc. Accordingly, as you can tell, your case is like a living creature, it can change at any time and we must complete a thorough investigation in order to determine the value of your case.

Medical Care: What should I do about getting medical treatment?

If you are injured in a wreck, slip and fall or other event, you should seek treatment as soon as possible through your local hospital, family doctor or other specialists. If you have health insurance, notify your medical providers and ask that the bills be turned over to health insurance until the case is concluded-this will help keep collection agencies off of your back while you develop your case. If you do not have health insurance, check with your car insurance as you likely have a provision called "medical payments." Under this provision, you can get money now to pay for outstanding medical bills and other medical expenses. Please be aware that any money provided under the "medical payments" provision of your car insurance must be paid back upon receipt of any settlement for your case.

The Insurance Company keeps pressuring me to settle. What should I do?

If you or a loved one are injured as the result of someone else's actions, please contact our office today for a free consultation before discussing any settlement offers received from the other party's insurance company. Remember, you have one (1) year from the date on which you are injured to either settle your claim or file a lawsuit.

The other party was at fault, but was not charged. Will this hurt my claim?

A police officer does not decide who was at fault in a wreck. He only decides whether someone violated a traffic law. The violation of a traffic law is only admissible in Court if someone pleads guilty. Do not worry about the officer's decision to cite the other party.

What can I do about collection letters for medical bills?

After receiving treatment for your injuries, you will receive medical bills from your medical providers. This is normal. You should first, confirm that your health insurance has been billed for the medical treatment you received. Next, you should provide a written statement to the medical providers confirming that you are pursuing a claim as a result of your injuries and that you plan to satisfy any outstanding medical bill balance upon receipt of settlement of the claim. You may also make small payments to the medical providers throughout the development of your case, if your budget allows. Please note that it is the patient's responsibility to make sure the outstanding medical bills are paid in full as it is typically against the medical providers' policies to bill the at fault party's insurance company for payment.

What Damages can I recover?

You can recover medical expenses, medical expenses in the future, lost wages, loss of your ability to earn a living (if permanent injury affecting job), pain and suffering, loss of enjoyment of life (inability to do prior hobbies), property damage, permanent disabilities, disfigurement (for scarring), and any serious mental injury. For your spouse, they can recover for the value of the companionship that they have lost and expenses paid on your behalf.

What should I do first?

If you find yourself injured as the result of someone else's actions, you should first seek medical treatment to determine the full extent of your injuries. Next, you should obtain a copy of the police report or incident report. You may also want to contact the other party's insurance claims adjuster to discuss the claim; however, you should never discuss fault with the other party or their insurance claims adjuster. For more information on what you should do after being injured as the result of someone else's actions, please contact our office for a free consultation with one of our attorneys.

When should I settle my claim?

When to settle your claim depends on many different factors. Please contact our office today for a free consultation and receive a fair review of any settlement offer made regarding your claim.