Legal Question in Personal Injury in Tennessee

Re: Do I need lawyer to rep me re using my UM coverage?

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Re: Do I need lawyer to rep me re using my UM coverage?

Was the accident in Tennessee or in Texas? The law of the state where the accident occured will control. There are certain steps you should take to determine if the other driver was insured, and other steps you should take with regard to payment of your medical expenses. You should consult with a competent attorney in the appropriate state for assistance with those matters as well as getting an estimate of the value of your case to you. If this is a Tennessee case and you have other questions, please let me know.

Re: Do I need lawyer to rep me re using my UM coverage?

Medical bills, lost wages, impairment to earning

capacity and pain and suffering can all be major items

of damages. Once compiled, the medical bills and lost wages

will normally have a set figure. Impairment to earning capacity

and pain and suffering are sometimes more difficult to put a

figure on. Plus impairment to earning capacity oftentimes

can be best developed through expert testimony of an economist.

There is also a question as to whether you may have future medical bills which your doctor could testify in regards to.

Your medical bills are always the starting point for all other damages. If you think your medical bills are large enough that other damages could be developed, it would be advisable to contact an attorney for further discussions of these matters.

Re: Do I need lawyer to rep me re using my UM coverage?

I am unable to tell from your message whether your wreck happened in Tennessee or Texas or whether you are a resident of Tennessee and had a wreck in Texas or vice-versa. In any case, you would have a claim against your own uninsured motorist insurance carrier for all of the damages you asked about. In Tennessee you have only a one year statute of limitations. If you do not file a lawsuit before the statute runs, you will be barred from recovering any damages, even against your own carrier. In Tennessee, a claim against your uninsured motorist carrier puts you and your carrier at odds. The carrier in theory, steps in and provides a lawyer for the uninsured driver and/or owner that rearended you. Your insurance carrier will begin to take a position against your interest and try to minimize your damages and recovery. Without a lawyer representing you, you may not be fully and reasonably compensated for your injuries and damages. There are other issues involved which are too numerous to answer in this reply. I am licensed in Tennessee. If this is a wreck that occurred in Tennessee you may call my office at 901-853-0921 and will gladly answer any of your questions at no charge. If it is a wreck that occurred in Texas, I strongly suggest you contact a Texas attorney to represent your interest.

Re: Do I need lawyer to rep me re using my UM coverage?

Technically speaking, you do not need a lawyer. You can accumulate the medical expenses and try to put a figure on the pain you have endured, you can make a demand to your insurance company, and they may pay you something. However, you will not be able to maximize your case value without an attorney and you will in all likelihood not be able to ascertain that value, i.e you will not know if the amount offered is fair. Finally, your insurance company will not feel the threat to "do the right thing" until you have an attorney.

I would suggest you consult with counsel asap. If I can be of any help, feel free to call me at 214-559-6173.

Re: Do I need lawyer to rep me re using my UM coverage?

I have read all of the responses that have been made to your questions and I agree with the advice that is being given to you. I would add two things; there is a way to maximize your recovery if you let your medical expenses be paid a certain way and I would add that your UM carrier will in all likelihood not pressure you because they do not want to have to pay your claim if they do not have to. You need a competent attorney to meet with you and advise you of all the entitlements you should get. My office is in Clarksville and I would be pleased to meet with you anywhere in the Middle Tennessee area and discuss your case with no obligation or charge to you for the consultation.

Re: Do I need lawyer to rep me re using my UM coverage?

Yes you need an attorney to represent you. Your insurance company will attempt to settle your claim for the medical bill and maybe a small amount for pain and suffering. You have a one year statute of limitation to file suit against the tortfeasor and your um carrier.