Tennessee Modified Comparative Fault
In Tennessee, one must consider the fault of all parties that contribute to an accident. That's why its called "comparative" fault. You compare the fault of everyone involved. Here's the twist that makes it tough on plaintiffs. If you are found to be 50% at fault for your own injury, you don't get awarded 50% of your losses and harms - YOU GET NOTHING. That's one of the reasons to get a lawyer working on your claim as soon as possible—to establish liability on others.
If you have been hurt in an auto accident and don't have medical insurance, here is some practical advice. The ER will see you. Get examined and see if you need more treatment. Avoid solicitations for medical treatment made by phone after an auto accident. These are typically services that work for chiropractors. Insurance companies are highly skeptical of any such medical treatment—and you should be too. It's also a fact that juries rarely award substantial money damages to persons who receive a lot of chiropractic treatment after an auto accident—this is especially true when you were solicited to get the treatment.
IF YOU WERE HURT IN AN ACCIDENT AND DON'T HAVE MEDICAL INSURANCE - There are other options. Call me for a free initial consultation to discuss them.
Why is appropriate medical treatment so important, besides the obvious reasons? In a claims situation, you can only recover money damages for medical expenses that are "reasonable" for treatment that is "necessary". A favorite insurance company tactic is to claim your treatment wasn't medically necessary or the bills are inflated. A chiropractor, aroma therapist, or acupuncturist may make you feel better—but don't count on an auto insurance company to pay the bill without question.
Finally, your medical provider will prepare extensive notes and charts detailing your medical condition, complaints, and examination findings—these records are critical to proving your injuries.
PROBLEMS GETTING YOUR CAR FIXED OR TOTALED?
Insurance companies almost never handle vehicle repair claims properly or fairly. Always inspect and test drive your car immediately after insurance repairs are made and let the repair shop know of any problems before you take your car home if possible. Also always document repair problems with letters to the insurance company and repair shop.
Then again, if you are injured and trying to deal with getting your car or truck fixed—you probably will be better off letting me handle the whole thing. Call me for a free consultation.
