Legal Question in Personal Injury in Tennessee
Value of ''speciality'' claims involving personal injury.
My parents were involved in an automobile accident wherein a person in another vehicle ran a red light and hit them. This is not contested by the insurance company or the person who hit them. My parents suffered no broken bones, but my mother received stitches in her head. They were both very sore and received therapy for several weeks. My mother spent one night in the hospital. Their medical bills totaled approximately $12,500.
My parents missed their Anniversary Dinner (55 years of marriage) planned by their daughters, and a yearly weekend trip out of town in which our entire family (27 people) usually attend.
How do they determine a value on their missed anniversary dinner and yearly weekend trip with their family?
My parents do not have internet access, but asked me to send this e-mail for them.
Thank you.
2 Answers from Attorneys
Re: Value of ''speciality'' claims involving personal injury.
There is no set formula on damages which can vary greatly from case to case. As a general rule, damages consist of medical bills, lost income,
loss of future earning capacity if the injuries are serious enough, pain and suffering and loss of consortium with one's spouse.
In summary, damages are negotiable with the claims
adjuster who I can assure you will give you a low end figure. The job of the claims adjuster is to lessen the damages by convincing you or your parents that the damages are small. I would guess that the claims adjuster may offer to pay for the medicals but nothing more. The job of the claims adjuster is to wear you or your parents down so that you accept the offer made by the claims adjuster. Beware.
Re: Value of ''speciality'' claims involving personal injury.
There is no exact formula that can be used to compute your parents' damages for the loss of their anniversary trip or other family related activities. These types of damages are usually more significant for persons like your parents, however, in light of the relative importance of such family related events to retired persons. It is likely that in combination with the amount of their medical bills, the loss of enjoyment of these activities could lead to higher than normal damages. In order to properly and accurately evaluate their claims, it would be necessary to consult with them and/or you personally to cover several questions.
Your parents 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 their claim to the statute of limitations.
It is important that your parents do not talk directly to representatives of the responsible insurance company (or their own insurance company) until they have consulted with a responsible and competent attorney.
I would be quite hopeful that your parents could resolve their case with a fair settlement against the driver at fault 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.
I notice that your zip code is for Knoxville. Our firm's office is in Franklin, but we have a close relationship with an excellent firm in Knoxville which practices extensively in injury and medical cases and we would be more than happy to consult with you and your parents at your convenience at our office in Knoxville or at your or your parents' home if that is more convenient.
I would ask you to look at our firm's website for more information. Our site is www.TennesseeLawGroup.com. Please email or call me directly at [email protected] , toll free 1-866-789-1886 for further information or to schedule a consultation in Knoxville.
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