How Much Is My Auto Accident Worth?
If you’ve been injured in an auto accident in Memphis TN your first thought may be, “How much is my accident worth”? The worth of an auto accident personal injury varies from case to case. Each driver’s injuries are different, some being far more severe than others. The severity of your injuries, how thorough an investigation is conducted, what evidence is produced, and other factors play a significant role in calculating your recovery amount. But, in general, you can expect a larger recovery amount the greater your injuries. For example, someone with a traumatic brain injury is likely to receive more than someone who has minor injuries.
Aside from the natural cost of your damages (e.g., medical bills, ambulance transportation bill, lost earnings), your recovery amount is based on whether you played a role in the accident, whether another driver or commercial company is at fault, and whether you also sue for punitive damages. But whatever you sue for, the judge has the final say on what to award you. Thus, it is always ideal to include as much as you can and to be specific and thorough regarding any damages you sustained.
Damages Are Broken Into Three Categories
There are three categories under which you may seek financial compensation following your auto accident. They are compensatory damages, punitive damages, and nominal damages. Compensation damages include lost earnings, medical bills, car repair bills, pain and suffering, etc. Punitive damages are damages that you seek to punish the at-fault driver for reckless, wanton, or malicious behavior, such as the at-fault driver trying to purposely run you off the road due to road rage. A judge will only award you punitive damages if you’re at first awarded compensatory or nominal damages. Nominal damages can be as low as $1. This is monitor compensation that you get when you weren’t injured, but you would still like to prove that negligence occurred and your rights were violated. Rather than tackle these alone, let an experienced auto accident lawyer in Memphis TN handle this for you.
How Does Comparative Fault Work?
Tennessee follows a comparative fault law. It is also known as comparative negligence. Under this law, your recovery amount will be reduced based on the percentage of fault you’re responsible for in causing the accident. If you are more than 49% at fault, you’re prohibited from seeking recovery. This is why hiring the reputable lawyers of Darrell Castle & Associates is in your best interest. You can depend on us to conduct an investigation that proves you’re not 50% or more at fault.
Bear in mind that comparative fault can be split amongst multiple parties. For example, if the at-fault driver is 60% responsible because of speeding, that driver can turn around and say the car’s manufacturer is 30% to blame for installing faulty brakes.
How Do I Prove Negligence?
You prove negligence by showing that:
- The at-fault driver owed you a duty,
- The at-fault driver breached that duty,
- The at-fault driver’s breach resulted in an accident, and
- That accident is the proximate cause of your injuries.