This is how you can get maximum damages for a DUI accident in Memphis
Memphis, TN – People in Tennessee like to drink. Unfortunately, they also love to drive and the consequences are often tragic. One-third of all traffic fatalities in the state occur in DUI accidents. In 2020, there were 7,272 crashes in which one of the drivers was under the influence of drugs or alcohol, or indeed both. As a result, over 4,000 people were injured and 435 people were killed. Most of these crashes take place in the largest cities in Tennessee, such as Memphis.
The laws against drunk driving are very strict in Tennessee and the driver at fault will probably face criminal charges, which is only fair. However, this doesn’t solve your problems. You cannot get damages from the criminal trial. You’ll have to file a claim against the other driver’s insurance or you may need to sue them. Either way, you should talk to seasoned Memphis DUI accident lawyers as soon as possible after the crash. You’ll need evidence that the driver was drunk and that they were responsible for the crash if you are to recover damages.
Also, keep in mind that the statute of limitations for a personal injury claim for a car accident in Tennessee is only 1 year. The sooner you get a lawyer, the more time they will have to investigate your case and negotiate with the insurance company so that you don’t miss the 1-year deadline if a settlement cannot be reached and you need to file a lawsuit.
What kind of damages can you recover for a DUI accident in Memphis?
When you file a personal injury claim, you can get economic and non-economic damages.
Economic damages cover the financial expenses the DUI accident generated. You can recover compensation for the damage to your car, your medical expenses, and your lost wages, past and future.
Non-economic damages are also known as pain and suffering damages. Their purpose is to compensate you for all you’ve been through since the accident, such as your physical pain, the anxiety or depression you sank into, the loss of enjoyment in life, etc. There are no bills you can present for this kind of damage and you’ll need skilled Memphis accident lawyers to put a monetary value on your suffering.
In Tennessee, pain and suffering damages are capped at $750,000. However, if you are left with a permanent impairment or disfigurement, you may be able to recover an additional $2500,000.
Can I get punitive damages for a DUI accident?
In most car accident claims you cannot get punitive damages. A driver guilty of simple negligence will not be additionally punished, but a drunk one will. Drunk driving is considered reckless behavior and the driver should have known that driving in an impaired state can result in someone getting injured or killed. In Tennessee, punitive damages are capped at two times the total amount of compensatory damages awarded, or $500,000, whichever is greater.
Child support for a child orphaned in a DUI accident
In addition to that, according to a new law, a drunk driver will have to pay child support if they kill a parent in a crash. There is no fixed amount for child support payments. It is up to the court to decide how much the driver should pay, considering the children’s needs, the financial situation of the surviving parent or legal guardian, and the type of life they were accustomed to.
Attorneys near me
If you are looking for accident lawyers or need legal help in any other area of the law, you may be wondering “Where can I find attorneys near me?” Look no further. Just follow the link to the usattorneys.com huge database of carefully selected, reliable attorneys. Just select the area of the law you’re interested in, select your state and city, and schedule a free consultation with the best attorneys in your area.
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