Legal Question in Personal Injury in Tennessee

Re: Rear ended at stop light

It sounds as if your wife will have some continuing problems given the nature of her injury and the prior injury. You should not be thinking about settlement right now but should instead follow the treatment program of the neuro, complying with his/her every instruction, and then see how her condition develops or deteriorates during the next several months. If she ends up with chronic,intractable pain,or is diagnosed with a Complex Regional Pain Disorder, the whole complexion of the case changes dramatically, particularly if the surgical option does not produce the intended result. You have a one year bodily injury statute of limitation in the state of Tennnessee to file suit. Also, make certain you put your own insurance carrier on notice of the claim in the event you have the opportunity to recover Uninsured/Underinsured Motorists benefits too.

Re: Rear ended at stop light

It is hard to answer your question without knowing more information. I am a little confused as to when she saw the neurologist and to what extent her current problem relates to her previous one. Still, it looks like she has a very good lawsuit as it relates to liability and it is very fortunate that there is good insurance involved. Your underinsured motorist coverage may kick in too if you have it. Please feel free to contact me to fill me in on more details if you would like to further discuss the damages/settlement issue. Best of luck. Marc Reisman, 901-755-4337

Re: Rear ended at stop light

All medical bills are part of the compensation along with pain and suffering, loss of consortium (spousal support), loss of any income and loss of earning capacity over the work life of your wife. The loss of earning capacity normally requires the physician to give an impairment rating which is then used by an economist to estimate the loss of earning capacity. The previous neck injury is what is known as a pre-existing condition and is normally not a hindrance to recovery because the rule is that the guilty party "takes the injured party as they are at the time of the accident." In other words, the fact that your wife had a pre-existing injury to her neck is not her fault so long as you can prove that the current injury aggravated the pre-exisitng injury. The two injuries combined (the pre-existing injury and the current injury) are considered as one. That is the good news. The bad news is that the insurance company is going to fight against loss of earning capacity because loss of earning capacity can be a large damage award. The insurance company will also try to convince you that the pre-existing injury was so bad that the accident you and your wife were in has nothing to do with her neck condition. In other words, the insurance company will maintain that the neck was already in a damaged condition before the current accident ever happened and the current accident did not aggravate the pre-existing injury at all. Trying to settle a case with an insurance company can be difficult. In other words, welcome to "Alice In Wonderland" where Alice says "things are getting curioser and curioser and curioser or, as the "Mad Hatter" says to Alice, It's always tea time." Be wary of your negotiations with the insuranace company if you try to do it alone.

Re: Rear ended at stop light

It is likely that the insurance company will not pay very much in the near future due to your wife's pre-existing condition. They will say her problems were there before this accident.

She does have a good claim, but it will take some time for them to review all of her previous medical records and be convinced of her claim.

Of course you are better off finacially if they will pay you a fair settlement without a lawyer. However, with your wife's history, they may not pay a fair amount unless pushed by a lawyer.

If you are in negoiations in the future, feel free to call me and I will give you my opinion on their offer.

Good Luck.

Jon Perry