The state of Tennessee provides a one (1) year statute of limitations for a personal injury case, meaning that injured persons must take legal action within this one-year window in order to make a valid claim. For the purposes of defining when the injury occurred, the statute of limitations starts from the date of the injury, or the date upon which the injury was initially discovered or should have reasonably been discovered.
The state of Georgia provides a two (2) year statute of limitations for a personal injury case. The same conditions described above apply here, but the window of time in which you can make a claim is extended to two years instead of one.
It is always best to be examined by a medical provider after a motor vehicle collision. Pain and symptoms can manifest even days after the wreck, and a medical professional can best determine how to treat minor symptoms to ensure they don’t turn into major health issues later. Additionally, obtaining medical records of any injuries sustained in the accident will serve as valuable supporting evidence should you choose to file a claim or lawsuit after the accident.
Reach out to an attorney immediately. Even in states that follow comparative fault rules, you may still be entitled to compensation for your injuries. Most importantly: Do not admit or even suggest that you may be at fault in any conversations you have with the other driver(s) involved in the accident or their respective insurance representatives. Let your attorney handle that.
Both Tennessee and Georgia follow the modified comparative negligence principle, which allows the court to reduce the plaintiff’s recoverable damages according to the degree that the plaintiff’s own negligence contributed to the collision. Under the modified comparative fault rule, a plaintiff can recover damages so long as the court finds that they were no more than 49% at fault for the accident. If this is the case, the plaintiff will be awarded a percentage of damages based on the degree of fault involved.
After you’ve been examined by a medical professional and confirmed that your health and wellbeing are not at risk, it is best to consult with an attorney about the circumstances involved in the accident. If possible, come prepared with collision photos, police reports, dash cam/cell phone footage, and any other evidence that will help your lawyer properly evaluate the situation and your level of fault. Ultimately, a fact finder (judge or jury) can be tasked with determining fault.
Most car wreck attorneys work on what’s called a “contingency fee” arrangement. Rather than being billed by the hour, your lawyer will receive a percentage of the settlement they earn for you. This means the fee is “contingent” on successfully securing a settlement. Other contingencies that could affect the overall payout include the total amount won in the case and the phase at which the litigation is settled.
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