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Warren County Woman Injured In Car Accident Wins Settlement

In February 2022, our client was traveling on South Chancery Street in McMinnville, Tennessee when a vehicle pulled out in front of her from a side street.  The vehicles made impact causing substantial vehicle damage.  The reporting police officer cited the negligent driver for failure to yield, and discovered drugs in the defendant’s vehicle. 

Our client was transported by EMS to the emergency room for neck, back, and leg pain.  Due to her injuries, a CT Scan was performed at the hospital.  After following up with her primary care doctor, our client was referred to an orthopedic doctor.  Facing mounting medical bills (CT scans are very important after an accident but can be expensive) and the need for more medical treatment, she called us.  After helping her understand how we could help her, she hired us to represent her.  We only get paid if we win, so there is never any up front cost to hire us.  

Weir & Kestner Injury Lawyers immediately began investigating the accident.  We confirmed that the defendant was uninsured triggering Tennessee’s uninsured motorist statute.  We filed a notice with her automobile insurance carrier asserting a compensable uninsured motorist (UM) claim.  We’ve written about UM claims before, which you can find here

After a car accident, soft tissue injuries are very common.  Insurance companies try to minimize these claims and hope injury victims take pennies on the dollar.  TV lawyers and out-of-state law offices just want to settle these cases.  They often just want to stack cases and prioritize money over what’s best for the client.  

When she completed her treatment, our client’s medical bills totaled a little over $13,000.  In order to maximize our client’s injury claim, we filed a lawsuit.  Just by filing a lawsuit, sometimes the value of an injury case immediately goes up.   Insurance companies have more obligations when a UM claim is asserted, but they’re still not going to give up their money without a fight.  However, insurance companies are all about assessing risk and exposure in an accident case.   

In this case, the insurance company understood that Weir & Kestner Injury Lawyers had a great litigation strategy.  And, based on the accident facts, the uninsured defendant was not going to be viewed favorably by a jury.  Rather than spend thousands of dollars litigating the case, the parties entered into good faith negotiations.  Less than one year after the accident, we successfully negotiated a settlement more than 3 times her medical bills.


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