Car Accidents Frequently Asked Questions

When you come to Keith Wililams Law Group to meet your team of attorneys and paralegals, don’t be afraid that it’s going to be a stressful or exhausting meeting – because it’s not. We’ve done this before, so we’ll just want you to relax and talk to us. Your paralegal will make notes during the meeting about questions or specific details that may require additional information. We will do a quick intake form with you that outlines your general information (date of birth, employment, address etc) and get some general information about your injuries and the accident that caused it. If you have photos, witness statements, police reports, please bring them. But don’t worry if you don’t  – we’ll take care of it! We will get your reports, medical records, and witness statements for you.

So just bring yourself and know that you will be met by people who know what you’re going through and the best way for you to recover from it!

If you or a loved one have been injured in an accident, you will have suffered financial loss. There can be the loss of your vehicle, loss of income due to time off work due to surgery or time to heal, out of pocket medical expenses, and more. These financial losses are fairly concrete and easy to prove.

A more difficult but equally important area of your settlement will need to be consideration of “pain and suffering”. There is a very real aspect to this award in an injury case and people injured in an accident suffer much more than financial loss. They deal with physical, mental and emotional pain as well.

Pain and suffering can include:

  1. Physical pain suffered in the accident, because of surgery due to the accident, and in physical therapy after the accident;
  2. Mental and Emotional Pain because of the accident (this can include anxiety, loss of sleep, eating disorders, panic attacks, humiliation and embarrassment, distress
  3. Suffering due to disfigurement or being impaired in some way moving forward with your life
  4. Loss of Life’s Pleasures (not being able to enjoy activities as you once did such as sports, exercise or even sex with your loved one.

We’ve been bombarded with big business lobbyist who say that “pain and suffering” damages should not be allowed or be capped. But people who are injured in an accident suffer more than just financial loss and they should be compensated for all their losses, including pain and suffering.

If you were injured in any type of accident in Tennessee, you generally have one (1) year from the date of the accident to file a suit. There are very few waivers ever granted for cases, but one exception to the Statute of Limitations is the Discovery of Harm. Discovery of Harm is simply the time that you discovered you had been injured or “harmed” in an accident. This typically doesn’t apply to Car Accident cases (although it could definitely be argued in a case where a person was injured so badly they fell into a coma. If they did not awaken for 3 months, then they could not know they were harmed. Therefore, the argument could probably be effectively made that their Statute of Limitations should run for 3 months after one year from the date of the accident).

Discovery of Harm is more commonly used in Medical Malpractice cases, such as when a surgeon leaves a foreign instrument in someone’s body during surgery. That person may not know the object was left in them until weeks and sometimes months (and in rare instances – years) after the surgery. Therefore, their Statute of Limitations would start from the day they found out about the object, even if it was 2 years after the surgery.

Your safest best is to call an attorney as quickly as possible. You may or may not have a case, but it’s best to speak to a qualified injury attorney for a free consultation about your case as soon as possible to protect your rights and recovery.

Until 1992, Tennessee was a contributory negligence state, meaning that even if you were just a little responsible for the accident that injured you, you might not be able to recover any damages. McIntyre v. Balentine proved was the precedent setting case that changed all that. We are now a comparative fault state, which means that as long as you are less than 50% at-fault for the injury you could still pursue legal recovery through the courts. If you are injured in an accident and the police report reflects that you were negligent in your operation of your vehicle, thus contributing to the accident, you should call Keith Williams Law Group and talk to a personal injury attorney to find out if you can still pursue legal remedy.

  1. Don’t run away from the scene. People have two reflexes in an emergency – fight or flight.  Do not give into the impulse to drive or run away from the scene of an accident. You will be apprehended and the consequences could be severe. Plus, even if you are violating the law in your vehicle, that doesn’t mean the accident was your fault. Let’s take this scenario. You are driving on an expired or revoked license but are operating your vehicle safely when someone runs a red light and hits you. You are injured. You will be ticketed for driving without a license, but you will also still have a case against the other driver for injuries to you or passengers and damage to your car.
  2. Don’t say “I’m sorry” to anyone. Bystanders and authorities may take it as you admitting you are at fault. You should check on everyone involved in the accident if you are able and ask if they are OK. But resist the urge to apologize to anyone, even if you’re just sorry that the accident happened in general and do not intend to admit fault.
  3. Don’t say “I’m fine! I’m not hurt!” You will have alot of adrenaline pumping through your body after an accident and that can mask pain. You may not feel injuries until 2 or 3 days after an accident. You might have head trauma that can cause brain swelling. You are not a medical professional and you just went through a terrifying experience – let a medical professional decide if you are injured or not.
  4. Don’t give a statement to an insurance company without talking to a lawyer.  You have to give a statement to your insurance company, it’s part of your contract with them and you could be in violation if you refuse. However, statements are binding and it’s in your own best interest to call a Nashville injury attorney first just to make sure you are protecting your rights.
  5. Don’t sign a release of any sort, nothing that says something like “in full satisfaction of all claims” or anything similar without talking to an attorney. You could well be signing your future rights to recovery away. Talk to an attorney first.

There’s no “cookie cutter” approach to injury lawsuits in our firm, so we usually don’t tell our clients “your case is worth $ amount of money” or “your case will take X months from start to finish”.  Some settlement only firms will do this, because they have settling cases (and never ever going to trial) down pat. You will only ever work with a paralegal or perhaps a junior attorney at these firms. At our firmst, you will meet with and your case will be handled by Board Certified Trial Attorneys.  We will tell you the truth about your case – you can count on that.

As far as a time estimate – that will all depend on how seriously you are injured and how long it takes you to finish treating with your doctor. Once you are finished treating, we can assess your case (how long were you injured/out of work, how much were your medical bills and lost wages, will you have future disabilities due to the accident, and other less quantitive losses such as your pain and suffering, loss of enjoyment of life etc.) and begin negotiating with the insurance company.  We have been doing accident and injury law for over 20 years, so we know how to present your case in the very best light to the “other side” to let them know all of the hardships and losses their insured has caused you.

If we are able to negotiate a fair settlement, to your satisfaction, we are happy to do so.  Trials are expensive and stressful.  However, as Board Certified Tennessee Trial Attorneys, the other side’s insurance company knows full well from our track record that we will not hesitate to call off the negotiations if they are wasting your time and prepare for court.

Absolutely Not!
Insurance adjusters are there for one reason and one reason only – to make money for the insurance company.  The company has already decided that they can’t get out of paying your claim, so the only way to keep their money is to pay you less than your claim is worth.
Adjusters are trained on how to pay you less than they have to.  The way the insurance adjuster gets a promotion, a pat on the back or even a bonus – is to save the insurance company money.  They are trained to “starve you out”  until you are willing to settle for less than they have to pay.  This is where an expierenced Tennessee attorney can help.

Now we are “in the middle” of your case – a confusing and busy time known as “Discovery”.  The Discovery Process is pretty simple to explain – both sides are attempting to “discover” as much information as they can. We’re attempting to find every bit of information and evidence that will help up negotiate or try your case successfully.  The insurance company for the at-fault party is attempting to discover every piece of evidence they can to protect their client.  Both sides will require the other side to complete “interrogatories” which are written answers to questions and to answer “depositions” which are verbal questions asked and answered under oath. Both sides with ask for and require the other to “produce” documents of all types (from medical to income tax records). The discovery process is very time consuming for both sides as there are mountains of documents to be requested and reviewed.

Once both sides are satisfied that their discovery process is complete, they will often re-enter settlement negotiations using the information they have “discovered” to gauge the value of your case.  It’s important that, while your attorney makes every attempt to reach a fair settlement for you, that your attorney is also ready to take your case to trial if the insurance company refuses to negotiate in good faith in your case.

Settlement lawyers are truly a dime a dozen.  You’ve probably seen their ads on TV talking about their success rate in getting settlements for their clients.  Settlements are great, and it’s true – most injury cases settle before going to trial.  However, the key to remember is this – if the other side knows you have a settlement attorney (ie they don’t have trial experience and their sole intent is to settle your case quickly because they rely on high case turnover for their income) where is the pressure for the insurance company attorneys to settle your case for a fair and adequate amount?  They are going to come in with a ridiculous, and insulting, number and work their way up to an acceptable settlement for THEM, not for you.  If you have a trial attorney on your side, someone the other side knows has years of trial experience winning judgments for their clients in front of judges or juries, then they will know that your attorney won’t hesitate to walk away negotiations if the insurance company attorneys won’t come to the bargaining table with settlement offers that are fair to you. And, if negotiations break down, you have an attorney who can and will take your case to court and fight for your right to be reimbursed for your losses due to the negligence of another.

If you have been in a car, truck or motorcycle accident and it was not your fault, you should be reimbursed for your losses. That includes medical bills, car repairs, time off of work, and any pain and suffering the accident has caused you.  If you call an attorney who wants any money up front from you, including paying for your first consultation, walk away.  A good attorney will meet with you for a free consultation to listen to your case.  They may ask you to provide them with some additional information so they can gauge if you have a good case and if they can help you win it. They will be happy to have your business, but they WON’T pressure you to sign with them right then and there (that’s the sign of a desperate lawyer!).

At Keith Williams Law Group, we front all the costs for your case including obtaining your medical records, hiring investigators, filings with the court etc.  These will be deducted from your final judgment, so they won’t be yet another drag on your finances during this trying time.  Our fee to represent you on your case will be paid out of the final judgment as well. So you get the support, guidance and expert representationyou need but with no added financial burden to you during your case.

We will give you a contract that spells out the way we do business, we have nothing to hide from our clients – we are on their side!  If you meet with an attorney who will not give you a written contract spelling out their obligations and your obligations, don’t hesitate to find someone – like us – who will.

If your losses are limited to your automobile and you did not have any physical injuries, then it is probably in your best interest to handle your settlement yourself.  There is no need to pay an attorney to settle your property damage claim.  There are industry publications such as N.A.D.A. and Kelly Blue Book to assist you determine the value of your automobile.

If your injuries or medical bills are substantial, an experienced auto accident attorney should be consulted .  You should avoid making any quick settlement decisions! Many injuries from car accidents are not realized right away, but will develop within days or weeks of the accident.   You should not sigh anything presented to you by the insurance company without having it reviewed by an experienced auto accident attorney.   It is important to understand that the insurance adjuster for the person who caused the accident does not work for you.  Their job is to settle the claim as quick as possible while paying you as little money as possible.  It is not the insurance adjuster’s job to pay you a fair amount for your damage.

Please call or click to discuss your car accident claim with a real attorney at The Williams Law Group.  We can help!


Contact Us Online @  Tennessee Auto Accident Attorney

Toll Free – 1.866.820.4457
Nashville – 615.313.3999
Lebanon – 615.444.2900

Your uninsured motorist insurance coverage is required to pay as if they were the at fault driver’s insurance company.  Believe it or not, your insurance company will hire an auto accident defense lawyer to defend the other driver.  That’s right – your insurance company will defend the driver that caused your injuries.  Your insurance company is only required to pay amounts up to the policy limits you purchased.  So if you have $50,000.00 coverage per accident – that’s the maximum amount your uninsured motorist insurance company would ever pay. Given that your own insurance company is going to be fighting AGAINST you, give us a call at Keith Williams Law Group to get a team on YOUR side!

If you’ve been hurt in a car, truck or motorcycle wreck, the clock on your case starts ticking the day of your accident in Tennessee. You have just one year from the date of the wreck to file a lawsuit.  That may seem like alot of time, but it’s not if you take into consideration everything that a good attorney will do to prepare for your case from reviewing medical records, deposing witnesses, the at fault party and doctors, court filings, and other preparations that go into negotiating a good settlement or going to trial to win a judgement.

Once you file the lawsuit, you get some breathing room and the knowledge that you have a team of successful experienced Nashville and Tennessee attorneys who know what needs to be done and when.  This allows you to recover with some peace of mind and enjoy your life as much as your injury will allow.

If a spouse or other family member is killed in a Tennessee car wreck, the next of kin can file suit on behalf of the estate in order to collect damages for the wrongful death of the deceased.  The damage that may be recovered may include the loss of the love and affection and the loss of the companionship of the loved one.   Damages for the loss of the deceased’s future earning power may also be recovered along with the cost of the funeral expenses.  If medical bills were incurred between the time of the car wreck and the loved one’s death, the estate may also be able to recover money paid or owed for those medical expenses.  If the deceased loved one lived for some period of time between the car wreck and his or her death, the estate may recover for the pain and suffering that the loved one was forced to endure during that time period.

Oh, if I only had a dollar.  Weekly, I hear from at least a few people who were injured several months prior to calling me.  They say “I thought I could handle it myself, but . .  . ” After the “but” is usually the story that the at-fault party’s insurance company (or even the injured person’s insurance company) has been stringing them along acting like they were trying to help, only to try to rush in victim into a settlement with strong arm tactics. Suddently, the adjuster who was so nice won’t even take their calls anymore. Or they are getting threatening letters, Or doctor’s offices are calling for payments on bills that the insurance company assured the victim they would handle.  It is never in the victim’s interest to try to handle their injury case by themselves. That’s not my “injury attorney ego” talking. That facts. On average, people who hire an attorney are awarded a judgment or settlement in excess of 3 times the amount of someone who tries to go it alone.

Personal injury and death cases usually involve parties who are represented by insurance adjusters and lawyers hired by insurance companies. It is also important to understand that insurers always employ the services of expert lawyers that seek to avoid responsibility or at least minimize the payments that will be made to the victims and families. In contrast, our duty is to identify all responsible parties and maximize the compensation that can be obtained. Only established firms like Keith Williams Law Group have the staying power to investigate complex cases thoroughly, and to send a message to the defendants that they will not be able to hide their misconduct from you. Since our lawyers have experience in settling cases and know what juries and judges generally award in a similar case, we are able to advise you of the fair value of your case. Alternatively, we are recognized as a top trial firm in Tennessee, so when the other side hears from us, they know full well it’s not necessarily going to end in a settlement. They know that if they don’t come to you in good faith with a fair settlement offer, we’ll have them in a court so fast their heads will be spinning.

Hiring an experienced personal injury attorney may best protect your rights and serve your interests.

A settlement is the amount your car accident or any injury case is “settled for” during the mediation before a trial.  You should always have a trial attorney on your case because knowing that your attorney isn’t scared to go to court will help the at-fault’s insurance company attorneys to decide to negotiate with you in good faith on your case.  If you have one of those TV ” Nashville settlement lawyers”, the insurance company already knows they aren’t going to have to go to trial so the low-ball offers begin.  There is nothing wrong with a settlement if it is a fair settlement that will cover your losses and adequately compensate you for your injuries.  They are quicker, costs less, and saves you from having to relive the accident all over again.  However, if the insurance company won’t negotiate with you, your attorney (which should be a Tennessee Trial Attorney – be sure and ask!) will need to prepare your case for trial. This includes deposing witnesses and experts, court filing fees, court reporter costs, etc.  However, despite the fact that it isn’t easy to try a case – sometimes it’s necessary and you always want to know that your attorney is ready to fight for you.  Once the trial is heard, either before a jury or a judge, any award that you receive in your case is called a judgement.

If you have been injured through no fault of your own, please don’t try to handle it yourself. Also, please don’t “settle for a settlement attorney”.  Give us a call – we’re experienced trial attorneys with plenty of awards, both judgments and settlements, to our credit and plenty of happy clients, too.

I hear that question alot.  Some people are injured so severely in a car, truck or motorcycle accident that they do not remember the details of the accident. Sometimes they even lose their memory of the entire day before the wreck.  Then, afterwards, details remain foggy due to a closed head injury or perhaps the pain medications given to them after their injury.  You need to hire an experienced accident lawyer if you are in a wreck and this is a prime example.  You have been severely injured and you need to focus on your recovery.  With a team of experienced attorneys, paralegals and investigators on your side, you can do that while we investigate the wreck.  We get copies of the accident report, statements of witnesses, your medical records, and depose everyone involved in the case, etc. and we put them together to form a cohesive picture of your case to present to the insurance company (for settlement purposes). However, with Keith Williams Law Group, you will have experienced trial attorneys on your side so, if the insurance company won’t offer a fair settlement to you to compensate you for your injuries and provide for your future recovery, we won’t hesitate to take your case to court in front of a judge or jury and win your judgement for you.  Don’t go it alone, you don’t have to.

What if I do not have insurance on my vehicle and someone else causes an accident that injures me?

Answer:

It does not matter if you do not have insurance on your vehicle as long as the other driver involved in the wreck is at fault. You can still collect the full amount of damage and harm caused by the at-fault driver.

Please call or click to discuss your car accident claim with a real attorney at The Williams Law Group.  We can help!


Contact Us Online @  Tennessee Auto Accident Attorney

Toll Free – 1.866.820.4457
Nashville – 615.313.3999
Lebanon – 615.444.2900

Not if you owe more than the fair market value of your car or truck.  The insurance company is only obligated to pay you for the fair market value of your vehicle.  They are not required to pay whatever amount you may owe to the bank or finance company.

The term fair market value refers to what a willing buyer would pay and what a willing seller would accept for a vehicle similar in condition and mileage.  Conditions such as un-repaired previous damage and tire wear are all considered in determining actual cash value.

TIP:  The insurance company is required to pay you sales tax.  This can add up so don’t let them forget it.