Motor vehicle accidents are the No. 1 cause of death, disability, and severe injuries among young and middle-aged adults. Although improvements in car design, such as crumple zones, airbags, collision warnings, antilock braking systems (ABS), and others have dramatically improved safety for drivers and passengers, human error still poses a threat. When a driver is distracted, drowsy, intoxicated, aggressive, or otherwise reckless, severe injury or fatal collisions can occur.

If you or a loved one has been injured in a car accident, due to someone else’s negligence in Johnson City, you may be entitled to compensation. The person at fault could be held responsible for paying for your medical bills, lost wages, lost property, pain and suffering, and other losses.

As one of the most established law firms in East Tennessee, The Terry Law Firm, is prepared to address your needs and seek the compensation and justice you deserve. We do more than just try and settle injury cases. We fight to make you whole again after a collision that was not your fault.

Call us at 423-403-3595, chat with us live, or fill out a contact form to schedule your free consultation now with our Johnson City car accident lawyers.

Why Choose The Terry Law Firm to Handle Your Case?

If you’ve been hurt in a car accident in Johnson City, turn to a legal team with the right resources, skills, and experience to handle your case. The trial attorneys at The Terry Law Firm provide compassionate legal guidance when you need it most. We’ll work hard to pursue the maximum compensation possible for your claim.

We know how devastating car accidents and the aftermath can be. We’ve seen it all, and our team will be ready to put our experience to work for you. We are available 24/7 to take your call, and we offer night and weekend consultations to better fit our clients’ schedules. Our attorneys work on a contingency-fee-basis, which means you’ll never pay us a single cent until we recover compensation for you.

There’s absolutely no risk to speak to us about your accident, so call us at 423-403-3595fill out a contact form, or chat with us live right away.

Car Accidents Attorneys in Johnson City, TN: We Stand Up for Justice, Integrity & Accountability

Managing Communication with the Insurance Company after a Car Accident in Johnson City

No matter the extent of the injury that you have suffered, you deserve to be compensated if you were involved in an accident due to someone else’s negligence from distracted driving, drunk driving,  texting while driving, car defectstruck driversmotorcycle riderspedestrians, or cyclists. Many insurance companies will actively work to reduce or deny valid claims for compensation. Insurance adjusters may try to pressure you into accepting a low settlement offer or, they may try to get you to make statements that could ultimately hurt your case. Our Johnson City injury attorneys will not allow an insurance company to take advantage of you.

Dealing with Hospital Liens & Medical Bills After a Johnson City Car Accident

Hospitals in Tennessee can file liens to try to recover bills you have incurred. We find that hospitals often file liens for a larger amount than they are entitled to recover. The experienced auto accident attorneys at The Terry Law Firm will protect you from these unfair over-billing tactics.

Causes of Car Accidents in Johnson City, TN

All drivers have a responsibility to operate their vehicles with due care and caution at all times. When a driver fails to be responsible behind the wheel, a crash can happen in an instant.

While there are a wide variety of reasons for collisions, some of the most common include: 

  • Distracted driving
  • Driver fatigue
  • Driving too fast for the conditions
  • Unfamiliarity with the roadway
  • Driving under the influence of illicit drugs or alcohol
  • Driving under the influence of prescription or over-the-counter medication 
  • Inclement weather
  • Improper vehicle maintenance
  • Defective vehicle design or defective parts
  • Aggressive driving 
  • Following too closely
  • Misjudgment of gap or speed of oncoming vehicles
  • Failure to yield
  • Hit and Run

Any of these or other factors could result in a collision. While some crashes are minor “fender benders” that result in property damage only, others could result in severe or catastrophic injuries. In the worst-case scenario, the victim’s injuries could prove to be fatal.

Injuries Suffered by Car Crash Victims in Johnson City, TN

When vehicles collide, the impact of the crash can cause severe, catastrophic, or fatal injuries to the occupants inside.

Some common injuries victims suffer include: 

  • Neck injuries, including whiplash
  • Traumatic brain injuries (TBIs) including concussions, hematoma, hemorrhage, edema, skull fracture, diffuse axonal, coup-contrecoup
  • Back injuries
  • Spine and spinal cord injuries, including paralysis
  • Amputation
  • Burns
  • Scarring and disfiguration
  • Broken bones and fractures
  • Cuts and lacerations

Victims of collisions are often forced to deal with pain, surgeries, other medical treatment, and rehabilitation. If the injury is particularly severe or catastrophic, they may never be the same again.

If your injuries place undue strain on your finances or impact your ability to support yourself and your loved ones and enjoy life as you once used to, you have the right to file an injury claim against the at-fault party and demand that they pay what you’re owed.

In particularly tragic circumstances, the victim may succumb to their injuries. When this happens, the surviving family members could be eligible to file a wrongful death claim to recover compensation and gain some closure.

Tennessee’s Statute of Limitations for Car Accidents

statute of limitations is a legal time limit for victims to file a case.

In Tennessee, the statute of limitations for filing a lawsuit over a car crash is only one year. If you don’t file a claim within a year of the accident, the courts will not even hear your case unless a very narrow exception applies. This is why it is vital to call our law firm as soon as possible after your accident.

We will need to gather evidence and prepare the paperwork, processes that can take time. You don’t want to miss out on any compensation that you deserve by waiting to take legal action.

Types of Damages You May Recover After a Car Accident

If someone else is determined to be at fault for your accident, you may be entitled to the following compensation:

  • Current medical bills
  • Any future medical bills incurred during the ongoing treatment of health conditions caused by your injuries
  • Any costs related to the repair or replacement of your vehicle
  • Lost wages from time missed from work for treatment
  • Any lost future wages if your injuries have caused disabilities that prevent you from returning to your former line of work
  • Pain and emotional distress

If your loved one was killed in the accident or died due to injuries incurred in the accident, you may also be entitled to:

  • Funeral and burial costs
  • Loss of financial support
  • Loss of emotional support

Costs of medical bills and lost wages are usually straightforward to determine. The compensation for pain and suffering is not.

Tennessee caps pain and suffering compensation at $750,000 unless you suffered a catastrophic injury that left you disabled, in which case the cap for pain and suffering is $1 million. However, if the person who caused the accident was found guilty of driving under the influence or was intentionally trying to cause injury, there is no cap on the pain and suffering compensation.

How Is Fault Determined After a Car Crash?

If you are hurt in a car accident in Johnson City and another driver is at fault, you may be entitled to recover damages from them and their insurance company through a personal injury claim.

Tennessee follows a “comparative negligence” doctrine, which means a certain share of the blame will be assigned to each driver after a crash, depending on how their actions contributed to the collision – if any. If, for example, the other driver was found to be 90% at fault for the crash, and you were found to be 10% at fault, your award would be reduced by 10%, or proportionate to your share of responsibility.

A driver who is more than 50% at fault for a crash will be barred from recovering any damages.

Proving fault after a crash means proving negligence. If a driver fails to exercise reasonable care and caution and causes you harm as a result, you can seek compensation from them.

To prove your case, it is important to: 

  • Contact the police immediately after a crash. They can perform an initial investigation, issue citations or arrests for any traffic violations, and create an official accident report
  • Seek medical treatment as soon as possible. Any delay in treatment could diminish your injury claim.
  • Get the other driver’s contact information, insurance information, driver’s license, license plate, and VIN number.
  • Take pictures of the crash scene. Remember to take photos of the vehicles, the surrounding scene, your injuries, and anything else that might be relevant.
  • Get contact information from anyone who witnessed the crash.
  • Contact your insurer as soon as possible to report the accident. 
  • Save your bills, receipts, and other records of expenses you incur due to the crash.
  • Keep a journal about your injuries and how they have impacted your life emotionally.
  • Contact a car accident lawyer to represent you.

The more evidence you can collect and preserve, the stronger a case your attorney may be able to make for compensation. Remember that the other side’s insurer will do everything they can to deny, delay, or diminish your injury claim to save themselves money. That’s why it is crucial to have an experienced car accident attorney on your side to protect you and help you seek what you’re owed.

How Much Is Your Car Accident Case Worth?

It’s important to keep in mind that each case is unique. That said, a few common factors influence the amount of compensation you could receive in a personal injury case stemming from a car accident.

For one, the severity of your injuries plays a role in determining compensation. Severe injuries that require surgery and other costly treatments, lead to extensive rehabilitation, or result in permanent disability may entitle you to more substantial compensation.

Another factor in determining compensation is the total cost of all your medical bills. Keep in mind this includes all past, present, and future medical expenses related to the accident, including:

  • Emergency room visits
  • Primary care
  • Hospitalization
  • Surgery
  • Medication 
  • Physical therapy
  • Occupational therapy
  • Imaging and diagnostic tests
  • Prosthetics
  • Medical devices
  • Mental health treatment

If your injuries prevent you from working, you can also claim lost wages. That includes past lost income and any future earning capacity you may have lost due to the accident.

Another factor to consider is property damage. In the case of a car accident, property damage could include the cost of repairing or replacing your vehicle. You may also be entitled to compensation for any other property damaged in the accident, such as personal electronics.

Non-economic damages also make a significant contribution to potential compensation in a car accident claim. They include intangible losses that don’t come with a precise price attached, such as pain, suffering, loss of enjoyment of life, and emotional trauma, for example.

Calculating Pain and Suffering in Car Accidents

The term “pain and suffering” refers to the physical and emotional discomfort associated with injuries. Pain and suffering can make up a large portion of a car accident case, though putting a value on this non-economic loss is more subjective. When such cases go to trial, courts generally have broad discretion to choose an amount they think is fair.

For cases that settle out of court, insurance companies will employ their own processes to approximate what they think a jury might award. One method is what’s known as the multiplier method. That involves multiplying your total economic damages (medical expenses, lost wages, etc.) by a factor that depends on the severity of your injuries and the impact on your life.

Another strategy for calculating pain and suffering is the per diem method, which assigns a daily rate for pain and suffering based on your average daily earnings or another reasonable figure. The daily rate is multiplied by the number of days you’ve suffered from your injuries.

What to Do After a Car Accident in Johnson City, TN

It’s understandable to feel overwhelmed in the aftermath of a car accident and unsure of what to do next. However, there are a few critical steps to remember after a car accident, which protect your health and preserve your legal rights. Here’s a general guideline:

  • Move to a safe location, call authorities to report the accident, and request medical assistance.
  • Exchange contact and insurance information with all involved parties. Obtain names and contact details of any witnesses.
  • Take photos and videos of the accident scene, vehicle damage, and any visible injuries.
  • Get a medical evaluation to diagnose any potential injuries, even if you don’t feel hurt.
  • Consult with our experienced car accident attorneys to discuss your legal options for pursuing fair compensation.

Contact our Experienced Johnson City Car Accident Lawyers Today for Help

Our personal injury legal team in Johnson City will thoroughly document all the losses you have suffered as a result of your crash, and we will work with experts to determine how you will be affected in the future. We handle car accidents that were caused by pedestrians, bicycles, trucks, motorcycles, and much more. Our attorneys can help you seek compensation for past and future medical bills, lost income and capacity, property damages, loss of pension, wrongful death, loss of household services, pain and suffering, and loss of consortium (damage to family relationships resulting from the accident). Our goal is to recover maximum compensation for you.