Legal Question in Personal Injury in Tennessee

Re: What is a reasonable settlement??

Sounds like a good case. The amount you settle for depends on many factors and it would be impossible to judge that amount without knowing much more about your case...do you have a permanent impairment rating by a doctor? Are you going to get an vocational expert to determine the amount of your work disability? Are you going to have an economist to project your future earning capacity? How much are your medical expenses and how much subrogation is there on the medical expenses? All these questions may seem strange to you but these are the things that you must answer before even considering a settlement. The insurance company wants to get to you before you know your rights to have these things determined. You really need to at least meet with a lawyer to discuss your claim. I would be happy to discuss this with you. 931-552-3475 or e-mail me. [email protected]

Re: What is a reasonable settlement??

Even though you have one year to file suit, there are things you need to be doing right now. You need to make pictures of all injuries and keep a journal of all problems.

You should submit all of you medical bills to your health insurance, rather than the auto insurance. This can maximize you recovery later.

I have a list I give to my clients who have been involved in an accident. I will be glad to forward it to you. The size of the reply feature of LawGuru prohibits me from sending it with this reply. If you send an email to me, I will forward it to you.

The value of you case depends upon the amount of medical expenses, lost wages, injuries, permenant impairment, and other factors. Give me additional information and I can give you a better value estimate.

We make hospital and home visits. Let me know how I can help.

Jon Perry

[email protected]

www.TennesseeLawGroup.com

Re: What is a reasonable settlement??

Your case turns on several factors and therefore, I cannot not tell you its value. You need to document the extent of your injuries. Are your injuries permanent and what additional medical treatement will you require. You should consider retaining an attorney to help you through this process. You only have a one year statute of limitations to file suit. If you do not file suit within one year, your case will be barred. Therefore, you do not want to wait until the last minuite to hire an attorney.

Re: What is a reasonable settlement??

Your settlement would depend in part upon a physician's prognosis of your back condition and whether you can get a permanent impairment rating under the AMA Guidelines. The higher the impairment rating the better it is for your case. You have not indicated whether you have had any surgery. Surgery always adds to your pain and suffering. Your medical bills would obviously be a part of any settlement also. In addition, you have lost wages. You may also have what is termed lost earning capacity in the future if you can get your physician to provide you with a permanent impairment rating. It is also the general rule, although the courts vary somewhat, but an economist would probably have to make the calculation for lost earning capacity over the period of your work life. Loss of consortium is the loss of companionship of your spouse. In certain cases, loss of consortium awards can be quite large although juries are more prone to provide a large loss of consortium award versus settlement with an insurance company which would place the settlement on loss of consortium lower. Much of what you have indicated depends upon whether you are willing to settle for one amount offered by an insurance company versus seeking a larger amount with a jury at trial. But do not let the insurance company tempt you to settle for too low a settlement offer.

Re: What is a reasonable settlement??

You have one year from the date of your accident under Tennessee law to file a lawsuit if you have not settled your case. The value of your case depends upon a variety of factors, including the amounts and types of your medical bills and the amount of your lost wages, among other things. Since the accident happened fairly recently, you should be sure to preserve the evidence of your injuries as much as possible, by making pictures and/or video.

I see that one of my partners in my firm, Jon Perry, has also responded to your message. The information he referred to in his response will be very helpful to you. Just respond to either or both of us at [email protected] and [email protected] and we'll email that info to you right away.

As Jon said, we make home or hospital visits. I handle cases regularly in West Tennessee, and practiced in the Jackson area for seven years before moving to middle Tennessee. Let us know if we can help.

Holland McKinnie

[email protected]

Re: What is a reasonable settlement??

If the other party was at fault which appears to be the case, you have the right to claim damages for past and future medical expenses, past and future pain and suffering, past and future lost wages, property damages and other damages. Your recovery, may be reduced by the amount of fault attributable to you if any. There is no "limit" on what you can claim, but your recovery will only be what your lawyer can convince the insurance adjuster (or jury if necessary) what your true damages are. As for your question about a "reasonable amount to sue for", you have not given enough information yet for a fair evaluation. Please feel free to call at your convenience if you would like to discuss this matter. Marc Reisman 901-755-4337