Personal Injury Accident Questions

Do I need to retain an attorney in order to settle my case?

Not necessarily. Usually the insurance company for the person who caused the accident will try to settle with you before you have an opportunity to retain an attorney because they know they can probably settle the case for less money. If you have an attorney, he will thoroughly investigate your case by obtaining statements from witnesses, taking photographs of the accident scene and vehicles involved, and doing all the things necessary to make sure that you receive an appropriate settlement, or prepare your case for trial. As soon as you retain an attorney, the insurance company will usually raise their reserve, or value of your claim.

If I have an accident, do I always have to bring suit against the other party in order to receive a settlement?

No. If the other party has liability insurance and if the insurance company is willing to make a volunteer settlement, you do not have to bring a lawsuit. If they are not willing to make a settlement, or if they are not willing to pay you the worth of your claim, then you would have to bring a lawsuit or settle for the amount they have offered.

In Tennessee, how long do I have to file a lawsuit?

You have one year from the date of the accident to get your suit filed in a regular or negligence case in Tennessee.

If a suit is filed, am I entitled to a jury trial?

Yes. All state and federal courts offer either party the choice of a trial by jury or a trial by judge. If either party wants a jury trial, then the case has to be tried by a jury. Our Constitution guarantees this right.

If I bring suit, what court will the lawsuit be brought in?

If you and the person who caused the accident live in the same county, then suit must be brought in the Circuit court for that particular county. If the person who caused the accident lives in one county, and the accident occurred in a another county, then suit may be brought in either of those two places. If the person who caused the accident is a nonresident of the State of Tennessee, then suit may be brought in the county where the accident occurred, or in a Federal District court where the accident occurred.

Who may bring an action for damages in a personal injury case?

If you are an adult, over 18 years of age, and are injured you must bring the lawsuit in your own name. If you are a minor, under the age of 18 years of age, then suit must be brought by either of the parents, guardian, or next of kin.

How long does it take to complete a lawsuit once I hire an attorney?

After a lawsuit is filed, it usually takes approximately one year before the case can be ready for trial in the Circuit Court of Davidson County, Tennessee. Also remember that you only have one year from the date of the accident within which to file your lawsuit.

How much money am I entitled to for my injuries?

You are entitled to an amount of money that either a jury or the court awards you if your case goes to trial. One reason that you need an attorney is to help you evaluate your case because most attorneys who handle personal injury cases are familiar with how juries react in similar type cases in their jurisdiction. This gives the attorney some guidance as to how to advise you whether the insurance company is offering you a fair settlement. All of our attorneys are familiar with medical terms in the reports provided by your doctors. The amount of your medical expenses, as well as your other elements of damage, will help the attorney decide what your case is worth.