Insurance companies may drag their feet when the statute of limitations is near. Insurance adjusters know if your case is not resolved or a proper lawsuit is not filed then they have no legal duty to pay. An email or letter from the adjuster indicating they are ‘reviewing your claim’ or ‘will make an offer next week’ does not matter and does not extend your deadline. Your case will either be filed, settled or legally dead once time expires.

The short one year Tennessee Statute of Limitations is very important. Don’t wait because a lawyer needs time to investigate your case. Car Accident Lawyer George Angelopoulos is a civil attorney located in Franklin, TN that will explain your statute of limitations and assist you with all the details. Big or Small, Text or Call 615-422-7171 because One Free Call Could Change It All!

If you were injured in a car accident seek medical attention immediately.

What Is A Statute Of Limitations?

The Statute Of Limitations (SOL) is a law that provides a time period on how long a person has to file a valid lawsuit. Each state has their own time limits. The SOL can vary based upon what damage is claimed, age of the plaintiff (person claiming damage) and sometimes when the injury was discovered. The statute of limitations typically starts on the date that an accident or death occurs. The SOL expires or tolls when the clock stops because suit was filed, time is up or other legal nuances extend the time limit.

How Long Do Children Have To File A Lawsuit After A Tennessee Car Accident Injury?

Children have one year after reaching the age of 18 to file a lawsuit after a Tennessee car accident injury per T.C.A.§ 28-1-106. This does not mean a parent or relative should wait to file suit on behalf of a minor. Suit can be filed immediately.

Tennessee law starts the amount of time the injured child would have on the day the injured child reaches majority. This allows time as an adult to enforce their claim if their parent or guardian did not while they were a minor. Generally we adhere to the one year statute of limitations for adults when children are hurt in a car accident.

How long do you have to file a lawsuit for property damage in Tennessee?

You have three years to file a lawsuit for property damage in Tennessee per T.C.A. § 28-3-105. This included damage to your vehicle and value of personal property lost in the wreck. Generally vehicle property recovery includes the cost of repair to like quality, function and value. If full vehicle value cannot be returned then a Diminished Value Claim may be needed to make you whole.

If the cost of repair exceeds the market value then your vehicle may be declared a Total Loss. Replacement cost of personal property is the correct measure of damage, but beware the insurance company may ask you to return the property still in your possession that is claimed.

Property damage is pretty cut and dry. Many times a lawyer is not needed to quickly and fairly resolve this part of your claim. Be careful though as statements made during this phase can easily be used to minimize your injuries later. If your claim involves diminished value, antique or hard to find specialty vehicles or any personal injury then you need an experienced lawyer in your corner.

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Steps to avoid car accident negligence

#1 – Tires

Without adequate treads, a tire will have less traction and can lead to car accidents. Check a vehicle’s tires every time you get gas. A quick walk around the vehicle can avoid car accidents. Driving on bald or deflated tires is a form of car accident negligence. One of the easiest ways to examine the treads on a tire is to place a penny into a tire’s grooves. If Lincoln’s head is blocked at all then the tire tread is probably fine. Otherwise, or if you are not sure, get a trusted professional opinion.

#2 – Headlights

While easy to test, it is easy to forget until lights is needed. Headlights are obviously important for visibility and driving a car without adequate headlights is a form of car accident negligence. It can also earn you a ticket from a police officer. The best way to do this is, when you start a vehicle, to place the headlights in the “on” position. You  should also make sure to check that the vehicle’s high beams work and your headlight covers are not fogged or otherwise impaired.

#3 – Brake Lights

The best way to check a vehicle’s brake lights is to have someone look while you apply the brake. If no one is around back your vehicle against a wall and then press and release the brake pedal. If the red lights are glowing then your system is properly functioning. This does not mean your brakes are functional. At every oil change an inspection of your brake pads and rotors is suggested. If you hear squealing or feel vibration when applying brakes do not wait to get a professional opinion as this is a sign of brake failure.

#4 – Engine Oil

Vehicles are capable of running without oil for a short period of time. Lack of oil will destroy a vehicle’s engine over time. The engine bay will have an oil dip stick. It is easy to pull the stick, wipe it off, re-insert then determine what level of oil residue remains on the stick. If you park in the same spot check for oil drips as this could be a sign of a leak. Lots of black smoke out of the exhaust? This could be a sign of oil burning. Engines can seize during operation. This is more common than you think and is very preventable.

#5 – Dash Warning Lights

Warning lights mean something is wrong with your car’s mechanical or electrical system. It could be brakes or oil as discussed above. Electrical, temperature and fuel are other common lights. It can be a nerve-wracking experience when the warning lights turn on. Driving a car that you know has a problem is a form of car accident negligence. Review your vehicle’s manual (or Google / YouTube) to determine what the warning light means. In many situations this results in a trip to the shop. The mechanic’s O2 sensor diagnosis is better than what anyone gets from the ER Doctor.

#6 – Windshield Wipers

A dirty windshield or poor windshield wipers can lead to impaired vision. Driving a car without clear vision is a form of car accident negligence. This is very dangerous. Test the wipers at each speed setting and top off your wiper fluid tank. Utilizing the air conditioner and front glass blower can assist reducing fog. Try not to wipe the windshield with your hand. Oils and grease will leave streaks to impair vision later on. A few minuets in the driveway allowing the car to defrost or remove condensation is a better choice.

Taking the steps above is step one. More safety tips can be found TN Dept. of Safety Website. Defensive and attentive driving are just as important. We advocate avoiding accidents, but if you are hurt in a car accident contact George at 615-422-7171 today. You don’t pay, unless we win.

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Liability Insurance

Liability covers the damages and injuries sustained to other parties of an accident if you caused the collision. If you are determined to be at fault, then your liability insurance will cover the legal damages incurred by the other party. Tennessee requires minimum liability coverage in the amounts of:

• $25,000 per person for each injury per accident
• $50,000 per accident for all injuries
• $15,000 per accident for property damage

Uninsured Motorist Coverage

Tennessee auto insurance policies automatically include uninsured motorist coverage in an amount equal to the liability and property insurance limits, unless the policy owners rejects or requests less coverage in writing. Tennessee drivers are automatically enrolled in this provision. UM coverage protects the insured for damages or injuries sustained in an accident caused by a driver without or insufficient liability insurance. This coverage extends to hit-and-run accidents and is a very important aspect of your insurance policy.

Collision Coverage

Collision coverage is an optional. The need varies based upon your situation and your vehicle. This coverage pays for physical damage caused to your vehicle, such as your car being damaged by driving into a tree, building, or another vehicle.

Comprehensive Coverage

Comprehensive coverage covers the costs of repairing damages from an event that would not otherwise be covered under the policy. As examples, comprehensive coverage kicks in after:

• Hitting Animals
• Theft
• Fire
• Flood
• Fallen Trees

Gap Insurance

Some consumers are upside down in their auto loans meaning the payoff is more than the vehicle value. This can occur your new vehicle rapidly depreciates once purchased, from rolling in the payoff of a previous loan or for market conditions beyond your control. If your car is totaled in an automobile accident, available policies generally only pay the vehicle’s current fair market value. Gap insurance (Guaranteed Auto Protection) covers the difference between the value of the car and auto loan payoff.

Have Questions? Call Today!

If you were injured in a car accident and have questions regarding how these insurance policies can benefit you please contact George Angelopoulos today.

One Free Call Can Change It All

Free Review – Touch Here – (615) 422-7171

Sources: https://www.tn.gov/safety/article/frlawindex

This is Personal Injury Attorney Advertising and is not legal advice. Many factors could influence your auto accident case. Injury settlements and compensation is not guaranteed.

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Tort is the body of law governing replacement of damage stripped from victims in Car Accidents and other personal injury cases. You need a Franklin Personal Injury Lawyer who will hold negligent parties accountable for their actions.

All Tennessee car accident victims are not entitled to monetary compensation. Your Franklin TN Lawyer must prove negligent, reckless, or intentional conduct to have a legal remedy under Tennessee Personal Injury Law. Negligent conduct is activity which falls below the standard of care. This standard is how an average reasonable person of ordinary intelligence would act under the same situation and conditions. Recovering under negligence requires proof showing Duty, Breach, Causation, and Damages. The general burden or proof is by a preponderance of the evidence and a unanimous jury verdict is required. The balance of the article discusses duty in a motor vehicle accident.

Tennessee drivers owe each other a duty of care. An average person understands that distracted, drunk, careless or reckless driving is dangerous and may cause injury to fellow motorists. The legal duty attaches because drivers are or should be aware their conduct could cause harm. This legal duty is in place to protect society from individuals who place others at risk of injury or death behind the wheel.

Tennessee Rules of the road

The law does not impose the skill of a professional driver to operate a car or motorcycle. Tennessee does impose the rules of the road found at T.C.A. 55-8-101 Et. Seq. Franklin Car Accident Lawyer George Angelopoulos suggests reading through these rules prior to operating a motor vehicle because ignorance is no defense. A provision commonly utilized by TN personal injury lawyers in car accident cases is the Due Care provision found at 55-8-136. In summary every driver must travel under control at a safe speed, be aware of their surroundings, and devote their full attention to operating the vehicle. The existing conditions or circumstances determine what is required to avoid endangering life, limb or property damage.

Don’t travel faster than conditions allow. Don’t text and drive. Failure to follow common sense safety precautions can devastate lives. If a wreck causes you personal injury hold negligent drivers accountable for their lapse in judgement, distracted, or drunk driving. Contact Franklin Lawyer George Angelopoulos to discuss your rights and recovery today.

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What does this mean for personal injury victims? It means the claimed negligent party must be more at fault to recover and any liability attached to the plaintiff will reduce his award. Example: Plaintiff sustained $10k in damages, but the jury finds him 20% negligent compared to defendant’s 80%. Barring outside facts plaintiff would recover $8k. Tort liability is still an available remedy and a small amount of negligence will not preclude a claim where the other party was more negligent.

This is also good news for defendants who will have their monetary liability reduced by the percentage the plaintiff is at fault. The process attempts to equate fault to liability and does not reward negligent plaintiffs with a compensation windfall greater than the defendant’s negligence. Contact Franklin Personal Injury Lawyer George Angelopoulos at (615) 422 – 7171 or email George@615Lawyer.com to discuss your situation. Tennessee comparative fault may be an important element of your case and understanding the impact allows an informed decision when negotiating a settlement or filing a civil complaint. George offers free consultations and will work on a contingent basis meaning if there is no recovery then no attorney’s fees are due.

The Franklin Auto Accident Lawyer holds Negligent Drivers and their insurance carriers accountable for personal injuries. Find out more during your free vehicle crash consultation.

(615) 422-7171

The Auto Accident Attorney address is 2550 Meridian Blvd. STE 200 Franklin, TN 37067 off I-65 at Cool Springs. George handles accident claims across Tennessee.

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