Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a qualified attorney for guidance on your situation.
Detailed Answer
After an auto accident in Tennessee, the time to resolve an injury claim depends on several factors: the nature and severity of your injuries, the completeness of your medical treatment, and the willingness of the insurer to negotiate. Below is a general timeline:
1. Investigation and Medical Treatment (1–6 Months)
Seek medical care immediately. Insurers review your medical records to establish injury severity and causation. Completing treatment and reaching maximum medical improvement (MMI) often takes weeks to months. Never settle until your provider declares MMI.
2. Claim Submission and Adjustment (1–3 Months)
Once you submit your claim to the at-fault driver’s insurer, they assign an adjuster to review your file. The adjuster evaluates liability, reviews medical records, and may request additional information. This stage generally lasts one to three months.
3. Demand Package and Negotiation (2–9 Months)
After MMI, you or your attorney prepares a demand letter outlining your injuries, treatment, and damages. Negotiations between your representative and the insurer can take several rounds, often lasting two to nine months.
4. Filing a Lawsuit (Up to 1 Year After Incident)
If negotiations stall, you can file a lawsuit. Under Tennessee Code Annotated § 28-3-104, you must file within one year of the accident. See Tennessee Code Annotated § 28-3-104 for details.
5. Discovery, Mediation, and Trial (1–3 Years)
Once in court, the discovery process (exchanging evidence) begins. Parties often attend mediation to settle. If mediation fails, a trial can follow, which may add one to three years, depending on court schedules.
Key Considerations Under Tennessee Law
- Statute of Limitations: You generally have one year to file a personal injury lawsuit after an auto accident (TCA § 28-3-104).
- Insurance Deadlines: Report the accident to your insurer promptly to avoid coverage issues.
- Medical Records: Accurate, detailed records strengthen your claim.
Helpful Hints
- Document every medical appointment, expense, and treatment plan.
- Keep a daily journal of pain levels and activity limitations.
- Photograph vehicle damage and the accident scene.
- Request copies of all medical records and bills promptly.
- Consult an attorney early if the insurer undervalues your claim.
- Understand your policy’s coverage limits and deadlines.