In Tennessee, it’s difficult to estimate. Every car accident is unique: the drivers, passengers, road conditions, weather, moment of impact, and the list goes on. Consequently, a car accident depends on the nature and severity of the accident.
Minor injuries like whiplash may settle for around $10,000 to $25,000. For moderate car accident injuries, settlements might range from $15,000 to $75,000. On the other hand, catastrophic injuries that result in permanent disability may result in settlements worth millions.
These numbers are only general guidelines, since every car accident is unique. Your settlement will depend on factors, including, but not limited to, how serious your injuries are, your medical bills, lost wages, and how clearly fault can be proven. Knowing what affects settlement values can help you decide if an insurance offer is fair or not.
Factors that determine your settlement amount
Insurance companies and lawyers alike consider several key factors when reviewing car accident claims. How much each factor matters depends on the details of your accident.
Severity of injuries
How badly you’re injured is typically the most significant factor. More serious injuries requiring surgery, extended treatment, or resulting in permanent impairment command higher settlements. A broken leg requiring surgical repair will likely settle for more than soft tissue injuries that heal within a few weeks.
Medical expenses
The medical bills you can show are the basis of your claim. This covers:
- Emergency room visits,
- Hospital stays,
- Surgeries,
- Physical therapy,
- Prescriptions, and
- Any future treatment you might need.
Major hospitals in Nashville, such as Vanderbilt University Medical Center, offer excellent care, but the costs can be high.
Lost wages
The time you miss from work affects your settlement. Lost wages include the pay you’ve already lost and any future earnings if your injuries keep you from going back to your old job.
Pain and suffering
In Tennessee, you can receive compensation for the physical pain and emotional distress your injuries cause. In serious cases, these non-economic damages can be worth more than your actual financial losses.
Clarity of liability
If it’s clear who was at fault (e.g., a rear-end crash where the other driver admits responsibility), your case will probably settle faster and for more money than cases where fault is unclear.
How Tennessee’s fault rules impact your settlement
Tennessee follows a modified comparative negligence system. If you share some responsibility for the accident, your settlement is reduced by your percentage of fault. For example, if you’re 20% at fault for a crash that caused $100,000 in damages, you would receive $80,000.
It’s critical to note that if your fault exceeds 49%, you can’t recover any compensation. Insurance adjusters know this rule and will look for any evidence suggesting you contributed to the accident. Documentation of the crash scene, witness statements, and police reports become essential evidence in protecting your claim.
Tennessee insurance minimum requirements
Tennessee law requires drivers to carry minimum liability coverage of:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
Many Tennessee drivers carry only these minimum limits, so if your injuries exceed the at-fault driver’s coverage limits, collecting full compensation becomes more complicated. Your own underinsured motorist coverage may provide additional resources, and in some cases, pursuing the at-fault driver’s personal assets may be necessary.
Settlement ranges by injury type
Every case is different, there is no fixed dollar range for each category, and outcomes vary widely based on coverage and fault. Broadly, injuries may fall into these categories:
- Minor injuries;
- Moderate injuries;
- Severe injuries; and
- Catastrophic injuries.
Tennessee’s cap on non-economic damages
Tennessee law caps non-economic damages at $750,000 per plaintiff in most personal injury cases. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. This cap doesn’t apply to economic damages, such as medical expenses and lost wages, which are not capped.
The cap doesn’t apply when the defendant was intoxicated, acted intentionally, or deliberately destroyed evidence, as defined by Tennessee law. In some catastrophic injury cases (including spinal cord injuries causing paraplegia or quadriplegia) and in certain wrongful death cases, the cap increases to $1 million.
Why hiring an attorney can help increase your settlement
Insurance adjusters often make lower initial offers when they know you don’t have legal representation.An experienced car accident attorney knows how to document your claim, calculate the true value of your damages, including future expenses, and negotiate effectively with the insurance company. Most Tennessee personal injury attorneys work on contingency, meaning you pay nothing unless they recover compensation for you.
Tennessee’s statute of limitations
Tennessee Code § 28-3-104 gives you just 1 year from the date of your accident to file a personal injury lawsuit. This is among the shortest deadlines in the country. Missing this deadline permanently bars you from pursuing compensation, regardless of how strong your case might be.
Building a strong case takes time. Evidence must be preserved, medical records gathered, expert witnesses identified, and negotiations attempted. Starting the process early gives your attorney the time needed to maximize your settlement.
Steps to maximize your settlement
Taking the right steps after your accident directly affects your settlement value.
Seek immediate medical attention
Even if injuries seem minor, you should be looked over by a doctor. Delayed treatment creates gaps that the insurance companies can use against you.
Document everything
Take pictures and/or videos of injuries, keep all medical records, save receipts, and maintain a journal of symptoms and how they affect daily life.
Follow medical advice
Attend all doctors’ appointments and complete all prescribed treatments. Gaps in treatment might suggest your injuries aren’t as serious as claimed.
Avoid recorded statements
Don’t communicate with insurance adjusters without first consulting legal counsel. What you say can be used to reduce your claim.
Consult an attorney
Before accepting any settlement offer, seek legal advice. Initial offers very rarely reflect the true value of your claim.
Don’t settle for less than you deserve
If you’ve been hurt in a Tennessee car accident, the best way to understand what your case is worth is to speak with an attorney who can evaluate the particulars of your claim.
Reach out to the team at Banks & Jones for a free consultation. Our experienced team can review your case, explain your options, and help you understand the value of your claim.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
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