Detailed Answer
After a motor vehicle accident in Tennessee, you can calculate a fair settlement for soft tissue injuries by following a systematic approach. This process involves assessing your economic damages, estimating your non-economic damages, applying appropriate multipliers, and considering factors like comparative fault and insurance policy limits.
1. Calculate Economic Damages
Document all accident-related expenses. Include:
- Medical bills (doctor visits, therapy sessions, imaging studies).
- Prescription medication costs.
- Medical-related travel expenses (mileage, parking).
- Lost wages for time missed at work.
2. Estimate Non-Economic Damages
Soft tissue injuries often lead to pain, suffering, and diminished quality of life. Tennessee law caps non-economic damages under Tenn. Code Ann. §29-39-102. A common method uses a multiplier:
- Choose a multiplier from 1.5 to 5 based on injury severity, recovery time, and impact on daily life.
- Multiply your total economic damages by that factor to estimate pain and suffering.
3. Apply Comparative Fault
Tennessee follows modified comparative fault. If you share blame, reduce your settlement by your percentage of fault. You cannot recover if you are more than 50% at fault for the accident.
4. Review Insurance Policy Limits and PIP Coverage
Examine the at-fault driver’s liability limits and your own Personal Injury Protection (PIP) coverage. Tennessee requires PIP under Tenn. Code Ann. §56-7-120. PIP may cover a portion of your medical bills regardless of fault, which can affect your net recovery.
5. Observe the Statute of Limitations
In Tennessee, you generally have one year from the accident date to file a personal injury lawsuit. Missing this deadline can bar your claim (Tenn. Code Ann. §28-3-104).
Helpful Hints
- Keep thorough medical records with dates, providers, and treatment details.
- Track all related expenses, including travel and over-the-counter costs.
- Research similar soft tissue injury settlements to benchmark your claim.
- Consider discussing your case with a personal injury attorney before accepting any offer.
- Use your documented economic damages to strengthen negotiations with insurers.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.