A wreck does more than damage a car. It can interrupt work, pile up medical bills and change how a family lives day-to-day. Tennessee law allows an injured person, an uninjured spouse and in some case the parent of an injured person to seek damages from the at-fault driver (and that driver’s car insurance company) to pay for those damages. The term damages is used as a general, all-inclusive term to described everything an injured party may be entitled to as a result of the negligence of another person.
What Are Damages?
After a car crash, you can generally recover economic damages, non-economic damages and, in some cases, punitive damages. This may seem confusing and calculating damages often can be. It is important to discuss all potential damages with a car accident lawyer to understand each type of damages. The owner of the vehicle is also entitled to be compensated for the property damage and/or the loss of use of the vehicle while it is being repaired.
Economic Damages
Economic damages repay money you actually lost or will lose because of the crash. Tennessee law does not cap recovery of economic damages. Common categories of economic damages include:
- Past and future medical care (ambulance charges, emergency room visits, doctor’s visits, surgery, physical therapy, tests, prescriptions and other charges related to your treatment)
- Lost wages and/or reduced earning capacity
- Out-of-pocket costs such as medical devices or prescriptions
These amounts are proven with medical bills and records, employment pay records and medical opinions about future care. In Tennessee, you are entitled to recover the entire medical bill, not just what your health insurance may have paid. Insurance companies will not shoot straight with you on this issue.
Non-Economic Damages
Non-economic damages are part of the claim that does not come with a receipt: pain, sleepless nights, anxiety about driving again, scars and the hobbies or family routines that no longer feel the same. Common categories of non-economic damages include:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Disfigurement or permanent impairment
Can My Spouse Recover Anything if I Am Hurt in a Car Wreck?
Yes, Tennessee law recognizes what is called a “loss of consortium” claim as a separate, but derivative, claim for noneconomic damages. This means that your spouse could recover damages due to how their life was affected by your injuries resulting from a car wreck. Tennessee Code Annotated § 25-1-106 specifically recognizes a spouse’s right to these damages when they can be proven. The couple must have been legally married at the time of the wreck. Any potential loss of consortium claim is treated as a non-economic damage which means the same $750,000.00 non-economic cap (or $1,000,000.00 in catastrophic cases) is applied.
Can I Recover for My Children’s Injuries if They Are in a Wreck?
When a child is hurt in a Tennessee car wreck, a parent or legal guardian typically brings the personal injury claim on the child’s behalf. The child is the injured party; the parent acts as the representative.
There are usually two related pieces to claims involving a minor:
- The child’s own claim covers the child’s medical care, pain and suffering and how their life was affected by the wreck, injuries and treatment.
- The parents’ own claim covers medical bills they paid and wages they lost while caring for the child.
- Parents may also have a derivative claim, which is similar to the one that exists for an uninjured spouse, for the injuries sustained by a minor child.
Settlements involving a minor often require court involvement. Tennessee Code Annotated § 29-34-105 requires that any potential settlement involving a minor of $10,000.00 or more to be Court approved, usually at a hearing in front of a Circuit Court Judge.
Is There a Limit to What I Can Recover?
In Tennessee, there can be a limit on what you are able to recover. The Tennessee Legislature passed laws to limit an injured person’s total recovery. Economic losses have no statutory cap. However, non-economic damages are usually capped at $750,000.00 unless the injuries are catastrophic. Catastrophic injuries, as defined by Tennessee Code Annotated § 29-39-102, are capped at $1,000,000.00. Importantly, the applicable car insurance policy limits for the at-fault driver, and often your own, can limit the amount you may recover in a car wreck claim. It is extremely important to discuss the “statutory cap” issue and the limits of an automobile liability policy with an attorney. Experienced attorneys may be able to work around the statutory caps and may be able to identify avenues of recovery other than the at-fault driver’s liability insurance.
What Are Punitive Damages?
Punitive damages are governed by Tennessee Code Annotated § 29-39-104 and punish especially bad conduct by a defendant driver. They are not typically available in your average car wreck case involving a negligent defendant driver. You must prove by clear and convincing evidence that the at-fault driver acted maliciously, intentionally, fraudulently or recklessly. An award for punitive damages is generally capped at the greater of $500,000.00 or twice the compensatory award (economic + non-economic damages), with some exceptions for certain egregious conduct. Punitive damages are governed by Tennessee Code Annotated § 29-39-104 and can potentially be sought in wrecks that involve things like:
- Driving under the influence of drugs or alcohol
- Driving at excess speeds or street racing
- Road rage
Punitive damages require proof of conduct well beyond a typical wreck, making it extremely important to consult with one of our car accident attorneys that understands Tennessee’s punitive damages law and how it can apply to your case.
Am I Entitled to Compensation for My Damaged Vehicle?
Yes. You are entitled to be compensated for your vehicle. In Tennessee, regardless of what may be owed to a lender on the vehicle, the vehicle owner is entitled to the before and after value of the wrecked vehicle. The property damage is the difference. We need to look at the value of the vehicle immediately prior to the crash in its undamaged state and the value of the vehicle following the crash in its damages state. As a practical matter, most of the time the cost of repairs of the vehicle is very similar to this difference. Additionally, if your car is being repaired, you have a loss of use claim. The simplest way to think of a loss of use claim is the cost to rent a vehicle for the time the damages vehicle is being repaired.
Are There Any Deadlines I Need to Be Concerned About?
The most important deadline to keep in mind is that Tennessee has a one-year statute of limitations for personal injuries, meaning that claims must either be settled or filed in Court within one year of the date of the accident. If the statute of limitations has passed, you cannot recover any damages. However, the statute of limitations for a minor extends to the minor’s 19th birthday. The statute of limitations may also be extended past the one year where the at-fault driver may have been charged for his crash-related conduct. Finally, the statute of limitations can be extended past one year in circumstances where a person suffers from a mental disability or incapacity. For property damage, Tennessee has three year statute of limitations. It is imperative to speak with an attorney licensed in Tennessee as soon as possible to discuss these deadlines.
Need an Attorney? Contact Us for a Free Case Evaluation!
We are happy to discuss any questions you may have about what you are entitled to when you or a loved one has been injured in a car crash. We can help explain what your damages are, how the “caps” work, how a statute of limitations applies and how your case should be handled to maximize your recovery. With 10 attorneys, more than 25 support staff and three convenient locations in Southeast Tennessee and North Georgia, we are the largest local personal injury law firm in the area. We also have a network of lawyers available in other states if needed. Warren & Griffin represents a full range of car wrecks victims. Our clients have suffered injuries ranging from strain and sprain type injuries to severe and catastrophic injuries which include amputations, broken bones, head and brain injuries, injuries resulting in paralysis, internal injuries and other life-altering injuries. We also handle death claims, commonly referred to as wrongful death claims, where loved ones of clients have been killed in car wrecks. If you need us, we are available 24 hours a day, seven days a week, 365 days a year. Justice does not sleep!
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