Legal Question in Personal Injury in Tennessee
16 YR OLD IN car wreck need advice
My 16 yr old daughter was in a bad wreck,with her friend.Her friend was driving and was at fault.I dont want to sue the parents personally,but I do feel like the insurance needs to compensate her.She hit a driveway the car went airborn,flipped and then landed against two trees on its side.She was diagnosed in ER with a closed head injury or concussion.The ct scan showed negative but she still has severe headaches.She was also diagnosed with a seperated ac in her shoulder and that is very painfull.The drivers insurance has paid medical,to the hostpital,but when I told him that I wanted to file a liability bodily injury claim,he acted like these injuries was nothing.She is also emotionaly traumatized.I know what shes been through because I live with her.What would a good claim amount be?Thanks
6 Answers from Attorneys
Re: 16 YR OLD IN car wreck need advice
These types of claims are very complicated. You need to make a claim against the driver of the car and the owner of the car. That is what insurance is for. The value of the case is going to be based on the amount of her medical bills, the damage done to both cars, whether she has any permanent injuries, and the degree to which each driver was at fault. You should go see an attorney to help you with these issues. If I can be of assistance, please do not hesitate to contact me.
Re: 16 YR OLD IN car wreck need advice
Unfortunately, it is difficult to say what a fair claim would be without knowing more. Her damages are based on many factors such as medical bills (even though they are paid), extent of her impairment, pain and suffering, emotional distress, etc. However, there is no question that she has a claim, base upon what you have reported. Since the matter has obviously been turned over to insurance, there is not necessarily any need to file suit because this appears to be a clear case of liability and with the right experts, the insurance co. should do the righ thing and settle this. Take pictures if possible: pictures of the driveway, of the trees, wounds if any, and if the car has not been repaired, take pictures of the car. She should consider keeping a diary of pain and emotional distress, on a regular basis. On her behalf, you should contact competent legal cousel to discuss this as well as applicable deadlines.
I hope she is feeling better soon and good luck. Feel free to contact us if you have any questions
Re: 16 YR OLD IN car wreck need advice
Call me if you would like to discuss your case and I will be happy to help.
Re: 16 YR OLD IN car wreck need advice
There is no exact formula that can be used to compute your child's damages. In order to properly and accurately evaluate their claims, it would be necessary to consult with you personally to cover several questions.
You have one year from the date of the accident to bring an action if their case has not been settled in order to avoid losing your claim to the statute of limitations.
It is important that you do not talk directly to representatives of the responsible insurance company (or your own insurance company) until you have consulted with a responsible and competent attorney.
I would be quite hopeful that you could resolve your case with a fair settlement with the responsible insurance companies without having to file any type of lawsuit. The best way to make this happen is to act quickly, once medical treatment has been completed. Has treatment been completed, and if not, how long is treatment expected to continue?
Our firm's office is in Franklin, but we handle these types of cases throughout middle and east Tennessee. We would be more than happy to consult with you at your convenience at our office in Franklin or at your home if that is more convenient.
Please email or call me directly at [email protected], toll free 1-866-789-1886 for further information or to schedule a consultation at my office or at your home.
Re: 16 YR OLD IN car wreck need advice
Your daughter has been severely injured and you have one year from the date of injury under Tennessee law to have a lawsuit filed in Court. The insurance company is not going to give you what you want in terms of the damages incurred by your daughter. If you drag out the process during discussions with the insurance company, you are going to be near the statute of limitations to file a lawsuit. These are serious injuries and you need to consult with an attorney immediately.
Re: 16 YR OLD IN car wreck need advice
Valuation of a claim is difficult for everyone. Ultimately, a claim is worth what a jury thinks it's worth. The problem is trying to predict what twelve people will do when you don't even know who they are at the present. I have a section on my website which discusses the value of claims. It is under the practice areas section, then under the personal injury area. Feel free to visit nashvilleattorney.com and look it over. Hopefully it will help.