$100,000 Policy Limits Award for Unionville Tennessee Resident Injured in Car Accident
On October 6, 2022 our client was the passenger in a vehicle. The driver was traveling on Zion Hill Rd. in Unionville, Tennessee. As the vehicle navigated the curvy road, our client tried to tell the driver about an upcoming sharp curve. She was familiar with the dangerous turn and knew the driver was taking it too fast. Unfortunately, the driver failed to slow down on the sharp curve and left the lane of travel, striking a tree at approximately 35 m.p.h.
Once the airbags deployed and struck our client, she was trapped in the vehicle and injured. Once first responders were on the scene, EMS transported her to the Vanderbilt Medical Center in Shelbyville, Tennessee. After a variety of diagnostic tests, one found a fractured hand that would require surgery. The other scans performed showed she had suffered severe damage internally and externally to her abdomen. She was diagnosed with a hematoma, and physical deformity.
Our initial investigation showed not only was the driver negligent under common law, but the driver was guilty of negligence per se violations of TCA § 55-8-152 (Speed Limits) and TCA § 55-10-205 Reckless driving (Willful or wanton disregard for safety of persons or property).
As we always do, we prepare all cases as if they will be going to court. After our client was done treating her injuries, we performed a damages analysis prior to filing suit. This consists of calculating all past/future economic damages, while also projecting past/future noneconomic. The biggest factor is coming up with a range of what a jury might pay in the county where the accident occurred. The accident was a traumatic event for our client. And she has to deal with a permanent deformity for the rest of her life. Mentally this had been affecting her because she worked really hard to maintain her body after becoming a mom. Her injuries affected her doing activities such as swimming with her kids because even when covered the deformity was noticeable.
In Tennessee, the defendant’s insurance carrier does not have to reveal what their insurance limits are. Prior to filing a lawsuit, we issued a settlement demand based on our damages analysis. There was some back and forth because insurance companies do not want to pay their policy limits without a fight. But, with a rock solid case and damages report, the liability carrier offered full policy limits of $100,000. Our client made the decision to accept the offer. She was able to put the entire accident behind her and move on with her life.