Memphis Car Accident Attorney
After a serious car accident in Tennessee or the surrounding states, you may need to take time off work and obtain medical care. You may also receive bills for other services that you need, such as vocational rehabilitation, counseling, physical therapy, or surgery. Depending on your situation, you may not be able to afford to pay for all of the services that you need on your own. This is why it is important to enlist a personal injury attorney if you have been involved in an accident that was caused by the carelessness of another driver. Having practiced for more than 30 years, the Memphis car accident lawyers at Nahon, Saharovich & Trotz have recovered over $1.5 billion on behalf of victims and their families throughout the region, including in Tennessee, Arkansas, Mississippi, and Missouri. As the largest personal injury law firm based in Tennessee, with 30 attorneys and over 100 total staff, we have the resources necessary to mount an aggressive case on your behalf. If you do not receive a fair settlement offer, we are ready to take your case to trial, and we thoroughly prepare each of our cases with that possibility in mind.Seeking Compensation for a Car Accident
You only have one year after an accident in Tennessee to bring a personal injury lawsuit. This is a narrow window of time, which makes it critical to take action as soon as possible. Tennessee law also has strict timelines and specific procedures for making a claim through the uninsured or underinsured motorist provision of your policy. These claims can be made if the at-fault driver has no insurance, does not have enough insurance to properly compensate the victim, or leaves the scene and cannot be identified or found.
In most cases, car accidents result from a driver’s negligence. To assert the right to compensation, a victim’s attorney usually will need to establish the defendant's duty toward the victim, a breach of that duty, causation, and damages. A driver may breach their duty to use reasonable care in any number of ways, including drunk driving, distracted driving, fatigued driving, or failing to yield at an intersection. The victim would need to show that they likely would not have been hurt if the defendant had used the appropriate level of care.
Tennessee follows the rule of modified comparative fault. If the defendant believes that you were partially or fully to blame for the crash, they may invoke this rule and ask the jury to determine the total damages as well as the victim’s percentage of responsibility. Any damages award will be reduced by the percentage of the victim’s fault, and it is barred entirely if the victim was 50% or more at fault. This is one reason why it is important to retain a car accident attorney rather than trying to go through the process alone. An experienced legal professional can develop a strategy for fighting back against any allegations of comparative fault. For example, in contested liability cases, Nahon, Saharovich & Trotz may retain accident reconstruction experts to prove the defendant’s fault and analyze data stored in a vehicle’s black box. We may also utilize investigators to preserve evidence, photograph the scene, and interview witnesses.
Forms of compensation available in car accident cases usually include economic losses, such as medical bills, lost income, household services, and other tangible items, as well as noneconomic losses like pain and suffering, disfigurement, loss of activity, and loss of consortium. It may be necessary to retain experts to help prepare a concrete estimate of a victim’s future costs and losses. Our firm can enlist experts to produce day in the life videos, prepare psychosocial reports, create life care plans, and produce economic reports related to future wage loss and lost earning capacity.Car Accident FAQs
What is my car accident case worth in Memphis?
Under Tennessee law, if you are injured in a car accident, you may recover both economic and non-economic damages if you are able to establish liability. The amount varies depending on your tangible losses, as well as the intangible losses that naturally result from that type of harm. In Tennessee, economic damages may include medical costs, lost wages, lost earning capacity, household services, and vocational rehabilitation. Non-economic damages may include loss of consortium, loss of enjoyment, mental anguish, and pain and suffering. If you were hit by a drunk driver, you can obtain punitive damages. Our firm has the resources to consult with and retain experts as needed to develop the damages portion of your case.
How soon must I bring my claim in Tennessee?
In Tennessee, the statute of limitation for a car accident case is generally one year after the date of the accident. Once you suspect that you may have been hurt due to the careless or wrongful conduct of someone else, you should immediately consult an experienced attorney to make sure that you are not prevented from bringing your claim. You will want a lawyer to begin investigating your case immediately, especially in a hit and run case if the other driver left the scene.
What do I need to prove in order to succeed after a car accident in Memphis?
Under Tennessee law to recover from a defendant, you need prove fault, e.g. negligence, recklessness or willful behavior, in your damages, as well as the damages themselves. Most car accident cases revolve around negligence, which is the failure to act reasonably under the circumstances. In Tennessee, common forms of negligence include distracted driving, texting while driving, disregarding traffic signals, speeding, and driving while drunk or intoxicated.
In most personal injury cases, you will need to prove your case by a preponderance of the evidence. Generally, this means that your version of events is more likely true than not.
What should I do if I cannot afford an attorney to handle my car accident case?
We handle car accident and personal injury cases on a contingency fee basis, meaning that we only receive our fee if we collect monetary damages on your behalf, and the fee comes out of the recovery. Whether you are pursuing a claim on behalf of yourself or a wrongful death case on behalf of a loved one, you do not have to pay any attorney fees up front for our firm to begin representing you.
If you have been hurt in a motor vehicle collision in Tennessee or the surrounding states, the Memphis car accident attorneys at Nahon, Saharovich & Trotz are ready to assist you. We can be reached 24/7 to discuss your case, and we are available to meet with you at a location of your choice. Our car and truck accident attorneys have experience bringing claims arising from all types of injuries, including cases involving brain trauma, spinal cord injury, broken bones, and soft tissue. We are licensed to serve clients across Tennessee, Mississippi, Arkansas, Kentucky, and Missouri, including in Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Contact our office by calling 800-529-4004 or by completing our online form to set up a free consultation. Once you get to know us, you will realize that NST is the way to go.