Disclaimer: This article provides general information about Tennessee law. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Tennessee follows the “eggshell plaintiff” rule. You can recover for any worsening of pre-existing injuries caused by another driver’s negligence. The court in Summers v. Carter, 226 S.W.3d 136 (Tenn. Ct. App. 2006), held that a defendant must “take the victim as found.”
To document and pursue compensation, take the following steps:
1. Seek Immediate Medical Care
Get evaluated by a doctor or visit the emergency department as soon as possible. Early treatment creates a medical record linking your accident to any new or aggravated injuries.
2. Keep Thorough Medical Records
Obtain copies of all reports, imaging studies, therapy notes and billing statements. Ask your healthcare provider to note which findings relate to your pre-existing condition and which reflect new or worsened symptoms.
3. Gather Evidence of the Accident and Injuries
• Take clear photographs of the accident scene, vehicle damage and visible injuries.
• Collect witness names and contact information.
• Preserve police reports and any citation documents.
4. Understand Tennessee’s Comparative Fault Rules
Under Tenn. Code Ann. § 29-34-203, the jury assigns a percentage of fault to each party. The court reduces your recovery by your share of fault.
5. Watch the Deadline
Tennessee imposes a one-year statute of limitations for personal injury claims. See Tenn. Code Ann. § 28-3-104. Missing the deadline usually bars your claim.
6. Consult a Personal Injury Attorney
An attorney can evaluate the strength of your claim, help calculate damages for medical expenses, pain and suffering, and represent you in settlement talks or at trial.
Helpful Hints
- Keep a daily pain and symptom journal to track how the accident worsens your condition.
- Request written updates from healthcare providers after each visit.
- Save any out-of-pocket receipts for medication, rehabilitation or assistive devices.
- Avoid posting details about your claim on social media to prevent evidence disputes.
- Consider obtaining an independent medical examination if the insurance company questions your injuries.