Jonesborough, TN Car Accident Lawyer
Have you been hurt in a car accident? Was a loved one killed in a car accident caused by someone else’s negligence? If either of these are true, the Law Offices of Mark T. Hurt can file a lawsuit on your behalf to pursue the compensation you and your family deserve.
We offer a free consult, there are no fees unless compensation is recovered, and we advance all costs of litigation so that neither you nor your family will need to come out of pocket for expensive litigation costs.[1]
How Many People in Tennessee Die in Car Accidents Each Year?
According to Tennessee’s Department of Safety & Homeland Security, over 1,070 Tennesseans were killed in car and other vehicle accidents in 2019, In addition to these unfortunate deaths, nearly 3,000 local residents sustained severe injuries.[4] If you or a loved one was involved in an car or vehicle truck accident caused by the negligence of someone else, you deserve to be fully compensated for the expenses, pain and suffering, lost wages and other damages sustained.
Our Record of Success in Helping Those Injured
For over three decades, Mark Hurt has been representing Tennessee residents in Jonesborough and other areas in the state who have been injured in car accidents and other circumstances, and he has recovered millions of dollars in compensation on behalf of injured victims and families who have lost loved ones. As a long-time car accident attorney, Mark can utilize his extensive experience to help develop a strong case, negotiate a settlement, or file a lawsuit (if a fair settlement in not forthcoming) to seek justice and compensation for your damages and/or those of your family.
I Was Involved in Car Accident in Jonesborough. What Should I Do Next?
If you were involved in a car accident and sustained injuries, it is important that you report the accident if you are able to do so. Tennessee law requires the following types of accidents to be reported:
- Accidents involving personal injury, damage to property (over $50), or death. You must immediately report the accident to the police, a Washington County sheriff, or a Tennessee highway patrol office.[5]
- Accidents involving personal injury, property damage (over $400), or death. A police accident report must be submitted to the Department of Safety within twenty days after the crash.[6]
If you are seeking to file a lawsuit, it is important that you reach out to an experienced Jonesborough car accident attorney as soon as possible, not only so that the accident scene can be investigated promptly, but also so that your (or your family’s) legal rights to seek compensation against those responsible can be preserved.
Under Tennessee Code § 28-3-104, a personal injury claim must be filed within one year from the date of the accident. If you fail to meet this statute of limitations, a Tennessee court may consider your claim invalid and bar the lawsuit unless one of the circumstances exist in which the statute of limitations may be extended (or “tolled). If the statute of limitations expires and a lawsuit has not been properly filed, you will be unable to seek compensation through the courts.
Situations involving statute of limitations tolling can be complex, especially in the case of disabled or incompetent individuals. As such, if you have questions regarding whether you are still able to file a lawsuit from a car accident, please call our firm and we can advise you once we learn about your circumstances.
How Do Tennessee Car Accident Settlements Work?
Car accident settlements typically result from negotiations between the attorney for an injury victim and an insurance adjuster for the driver causing the accident and/or the lawyer(s) hired by the insurance company. Sometimes settlements occur prior to a lawsuit being filed, and sometimes the settlements occur after the suit is filed. Additionally, sometimes the settlements occur as the result of a mediation between the two sides, and other times a mediation is not necessary.
As part of our representation, our role is to prove fault and the full amount of damages that has occurred. Damages included matters such as vehicle damage, medical costs, pain and suffering, and lost wages (in many cases, other types of damages will also apply).
When damages are modest, and with our significant experience, we can often prove fault and damages to claims adjusters and their counsel so that a lawsuit is not necessary. In other cases where significant damages and injuries have occurred, aggressive litigation is usually necessary.
We are meticulous in proving the cases of our clients. Proving damages often involves:
- Compiling Evidence
- Reviewing Photographs of the Accident Scene
- Interviewing Eyewitnesses
- Consulting with Experts
- Analyzing Police Reports
Can I Recover Damages if I’m Partially at Fault?
In Tennessee, even if you are found to be partly responsible for the accident, you may still be entitled to file a claim; however, you must be less than 50% at fault in order to recover. Tennessee is a modified comparative negligence state, meaning that you can still recover damages in a car accident if you’re partly at fault, but your award will be reduced according to the extent of your negligence. For instance, if a jury determines that you have sustained $100,000 in damages and that you were 20% at fault for the accident, your award will be reduced by this amount. As a result, you will be entitled to $80,000 (the percentage that the other party was responsible). If you were found at trial to be 60% at fault, you would not be entitled to any compensation, since you were found to be over 50% at fault.
Who Ultimately Pays for Damages in a Car Accident Case?
It is rare for a negligent party to personally pay for damages in a car accident; rather, a defendant’s insurance company usually bears the responsibility for the settlement or jury award. As a result, it is typically in the best interest of the insurance company to attempt to settle a matter to avoid having higher damages awarded at trial if it appears that liability and damages are clear.
Most insurance companies will seek to pay the least amount possible, even if it leaves a victim without enough money to cover their medical expenses or losses. As an experienced Jonesborough car accident lawyer, Mark Hurt has seen the methods insurance companies often use to try to deny liability on behalf of their insured, and seeks to hold these companies responsible for the maximum compensation possible. If a proper settlement cannot be reached, as an experienced trial lawyer Mark also knows how to build a strong case and file a lawsuit to help ensure you get everything you are entitled to.
We Can Seek Compensation on Behalf of a Loved One Who Died in a Car Accident
In severe cases where an individual succumbs to the injuries sustained in a car accident and dies, a wrongful death claim can be filed. The accident must have been caused by someone else’s wrongful actions, and it is necessary to show that the decedent would have been able to file a personal injury claim had they survived.
Tennessee Code § 20-5-106 allows certain family members or the personal representative of the decedent’s estate to file a wrongful death claim. Initially, the right belongs to the surviving spouse. If there is no surviving spouse, the following parties may be able to bring a claim:
- Children or Next of Kin
- The Personal Representative of the Deceased’s Estate
- Parents (if the deceased person was dependent on the parent(s) at the time of death)
- The Administrator of the Estate (if the deceased person was a dependent at the time of death)
If successful, surviving family members may be entitled to collect compensation for:
- Funeral and Burials Costs
- Lost Earning Potential
- Loss of Enjoyment of Life
- Mental Anguish of the Deceased
- Lost Wages (including income that the decedent may have earned if she or he had lived)
- Physical and Mental Suffering of the Family
- Loss of the Decedent’s Love, Companionship, and Society
If you lost a loved one in a tragic car accident, we offer our sincerest condolences. At the Law Offices of Mark T. Hurt, we understand that this is a difficult time and that getting your affairs in order may be an overwhelming task. We can help lessen your burden by seeking to hold those responsible accountable for the full measure of damages that they have caused.
Call Us Today for Your Free Consultation
Call the Law Offices of Mark T. Hurt to schedule a free consultation to learn about your rights and options for seeking compensation. We can walk you through your options, help negotiate a settlement, or tenaciously fight at trial to help secure the compensation to which you are rightfully entitled.
[1] Costs advanced are usually subtracted from settlement proceeds or a jury award, if a case is successful.
[2] Tennessee Traffic Fatalities – Daily Report, Tennessee Department of Safety & Homeland Security, https://www.tn.gov/content/dam/tn/safety/documents/daily_12182019.pdf.
[3] Tennessee Traffic Fatalities – District Report, Tennessee Department of Safety & Homeland Security, https://www.tn.gov/content/dam/tn/safety/documents/district_12182019.pdf.
[4] Tennessee Traffic Crashes by Year, Type and County, Tennessee Department of Safety & Homeland Security, https://www.tn.gov/content/dam/tn/safety/documents/CrashType.pdf.
[5] TN Code § 55-10-106.
[6] TN Code § 55-10-107.
