How to Calculate Damages in a Car Accident Case in Tennessee

When a Tennessee car accident leaves you with unexpected medical expenses, lost income, vehicle repair or replacement costs, and complications in nearly every area of your life, it’s easy to get overwhelmed very quickly. You may face significant financial challenges and worry about what you can do to move forward with security. The good news is that if another driver’s actions caused the crash that injured you, you may be eligible to recover compensation for your injuries and losses.

But how much can you get? How do you calculate car accident damages and make sure you get every dollar you’re owed? A Tennessee car accident attorney can review the facts of your case. They’ll determine how much compensation you deserve and fight to get the outcome you need to move forward.

How to Calculate Car Accident Damages

Damages (compensation) in Tennessee car accident claims include two main categories: economic damages and non-economic damages.

Economic damages compensate victims for financial losses with a clear and verifiable dollar value. Calculating them is as straightforward as compiling the figures and adding them up. Depending on the specifics of the case, these losses might include:

• Medical expenses, such as hospital bills, surgeries, medications, rehabilitation, and anticipated future medical care
• Lost income due to time away from work
• Loss of earning capacity if the injury affects long-term employment prospects
• Other out-of-pocket expenses, such as transportation to medical appointments or replacement household services
• Vehicle repair or replacement costs

However, the losses stemming from a car accident are rarely only financial in nature. Other types of harm accident victims might experience don’t come with a dollar figure attached. Non-economic damages compensate for these losses, including:

• Pain and suffering
• Emotional distress
• Loss of quality and enjoyment of life
• Disfigurement or disability

The various types of non-economic harm don’t involve specific dollar amounts. For this reason, attorneys, insurers, and Tennessee courts must employ one of two standard methods to calculate compensation. These are the multiplier method and the per diem method.

Multiplier Method

The multiplier method involves assigning a number based on the overall severity of the injuries and multiplying the total economic damages by that number (usually ranging from 1.5 to 5). Relatively minor injuries often receive lower multipliers, while severe or permanent injuries receive higher ones.

As an example, let’s say your medical expenses and lost wages total $50,000. Your injuries don’t require extensive medical treatment but do involve a relatively lengthy rehab regimen, so they’re assigned a multiplier of 3. Multiplying your total economic damages by 3 yields an award of $150,000 in non-economic damages and a total award of $200,000.

Per Diem Method

While the multiplier method is more common, some cases may use the per diem method. This approach assigns a daily rate to pain and suffering and multiplies that dollar amount by the total number of days the victim experiences pain. This approach is more likely to apply in short-term recovery situations.

In most cases, Tennessee law limits non-economic damages to $750,000, although cases involving catastrophic injuries have a slightly higher limit at $1 million.

Factors That Affect Your Settlement Amount

Several factors can influence the amount of compensation you may receive after a car accident in Tennessee. Chief among these is the severity of your injuries, as more serious injuries typically result in higher medical costs, longer recovery times, and more intense and pervasive pain and suffering. The strength of the evidence supporting your claim, including medical records, accident reports, dashcam footage, expert testimony, and witness statements, can also impact the outcome.

Tennessee also follows a modified comparative fault rule. This rule can be used to reduce your compensation if you’re found partially at fault. If you’re 50 percent or more responsible, you won’t be able to recover compensation.

Steps to Recover the Compensation You Deserve

After you contact a Tennessee car accident attorney, they will guide you through the insurance and legal processes involved in pursuing fair compensation. Here’s what you can expect:

• Case Evaluation and Investigation – Your attorney will gather and review medical records, accident reports, and other evidence to build a strong case.
• Calculation of Damages – They will determine the full value of your claim, including both economic and non-economic damages.
• Negotiation with Insurance Companies – Your attorney will handle communications with insurers and push back against unfair settlement offers.
• Litigation if Necessary – If negotiations fail, your lawyer may file a lawsuit and begin the litigation process if doing so provides the best option for pursuing compensation.
• Settlement or Trial – While most cases settle before trial, if your case goes to court, your attorney will argue for the compensation you deserve.

How a Car Accident Attorney in Tennessee Can Help

Instead of trying to handle your claim alone, turn to a knowledgeable Tennessee car accident attorney with a successful track record and a commitment to recovering the compensation you deserve.

Car accident claims often encounter challenges from insurance companies designed to minimize payouts and encourage desperate people to accept less than they’re owed. The other party may try to shift blame onto you and take advantage of Tennessee’s modified comparative fault rule, which could reduce your compensation. Your lawyer can enlist experts to reconstruct the accident if the insurer disputes the at-fault driver’s liability and can challenge these claims with strong evidence and legal arguments. Additionally, your lawyer will meet important legal deadlines like Tennessee’s one-year deadline for filing personal injury claims.

Without skilled legal representation, you may struggle to recover the full amount you are entitled to. This may happen either by making mistakes that jeopardize your right to compensation or by running out of time to file. This isn’t a time to take chances – turn to an experienced attorney for the assistance you need.

Contact Gatti, Keltner, Bienvenu & Montesi, PLC Today for a Free Consultation

If someone else’s carelessness caused a car accident and you’re dealing with the aftermath, you deserve the time and space to focus on healing. Let a Tennessee car accident attorney provide the support you need to make this possible. For decades, Gatti, Keltner, Bienvenu & Montesi, PLC has fought for more than 35,000 injured Tennesseans and recovered over $500 million on their behalf. To learn more about your legal rights and options, call (901) 526-2126 or contact us online to discuss your case in a free initial consultation.