If you were injured in a car accident caused by someone else’s negligence, Tennessee law gives you the option to pursue compensation by filing a personal injury claim. However, the at-fault driver’s insurance company is unlikely to pay what your case is truly worth without significant pushback from an experienced Nashville auto accident legal team.
Every claim involves its own set of facts, so no two cases follow the exact same path. That said, most Tennessee car accident claims move through a series of stages that are worth learning about ahead of time. Read on to learn what each phase looks like and how an attorney can guide you through it.
Sitting Down With an Attorney for Your Free Consultation
The process typically begins with a free consultation at a Nashville personal injury law firm. This meeting gives you the chance to share what happened, ask questions, and hear an attorney’s honest assessment of where your case stands. You are under no obligation to hire anyone after this conversation if you decide not to move forward.
If you do choose to hire a lawyer, they will walk you through their contingency fee structure. This arrangement means you do not pay any attorney’s fees upfront. Your lawyer only gets paid if they recover compensation on your behalf, whether through a settlement or a verdict at trial.
How Your Legal Team Investigates and Presents Your Claim
Once your attorney is on board, the focus shifts to building the best possible case they can on your behalf by investigating your case and collecting proof. Every detail matters at this stage because the evidence collected here forms the backbone of your entire claim.
After those tasks wrap up, your personal injury attorney will draft a demand letter and send it to the at-fault driver’s insurance company. This letter lays out exactly what happened and how much compensation you are seeking based on the full extent of your injuries and losses.
What Happens During Settlement Negotiations?
The insurance company will rarely accept the demand as written. Most respond with either a denial or a counteroffer that falls well short of what the claim is actually worth. From there, your attorney and the insurer go back and forth until they can reach an agreement.
This phase requires patience. Negotiations can stretch over weeks or months depending on how aggressively the insurance company pushes back. The majority of Tennessee car accident cases do settle during this stage, but signing an agreement is final. Once you accept a settlement, you give up the right to pursue any additional compensation.
When Does a Car Accident Case Go to Court in Tennessee?
If the insurance company will not offer a fair amount or refuses to accept responsibility for the crash, your attorney may recommend filing a lawsuit. Tennessee requires that personal injury lawsuits be filed within one year of the accident in most cases, making it one of the tightest deadlines in the country.
Going to court opens up the discovery process, which gives your legal team the ability to demand documents and information directly from the other side. Discovery can uncover evidence that was not previously available and often leads to better settlement offers before a trial ever takes place.
Ultimately, however, your case will move forward to trial if a fair offer isn’t made. Your lawyer will present your case to a judge and jury who will decide on liability as well as what compensation should be awarded.
Get Started on Your Tennessee Car Accident Claim With Help From Woodard Injury Law
Knowing what to expect from the claims process puts you in a better position to make smart decisions at every stage. If you were injured in a car accident and want more information about your legal options, Woodard Injury Law is here to help.
Contact us today to schedule a free consultation at (615) 640-3648. We’ll do everything we can to help you maximize the value of your claim.