Best Car Accident Attorneys in Memphis, Tennessee
Compare Top Car Accident Attorneys
| Lawyer Name | TX Bar Association Status | Year Admitted to TX Bar | Law School Attended | Learn More |
|---|---|---|---|---|
| Carey L. Acerra | Active | 2004 | University of Memphis Cecil C. Humphreys School of Law | |
| David E. Gordon | Active | 1982 | Vanderbilt University Law School | |
| Thomas R. Greer | Active | 2005 | University of Memphis Cecil C. Humphreys School of Law | |
| David W. Hill | Active | 1998 | University of Memphis Cecil C. Humphreys School of Law | |
| Lisa S. Johns | Active | 2002 | University of Mississippi School of Law | |
| Chris Patterson | Active | 2004 | University of Memphis Cecil C. Humphreys School of Law | |
| James B. Stephens, II | Active | 1996 | University of Memphis Cecil C. Humphreys School of Law | |
| Quinton E. Thompson | Active | 2015 | Vanderbilt University Law School | |
| Corey B. Trotz | Active | 1990 | University of Memphis Cecil C. Humphreys School of Law | |
| Glenn K. Vines, Jr. | Active | 1998 | University of Memphis Cecil C. Humphreys School of Law |
Filing a Car Accident Lawsuit in Tennessee
Filing a lawsuit is not always required to recover losses after an accident in Memphis, Tennessee. You can often resolve your claim simply through the other driver’s insurance. However, there are certain situations where initiating a lawsuit might make sense, such as when the insurance company is unwilling to offer a fair settlement that aligns with the value of your case.
In the following sections, we provide you with important information regarding crucial deadlines, car accident laws, fault assignment and guidance on finding a reputable car accident attorney in Tennessee if you do decide to sue for damages.
Tennessee Statute of Limitations
After a car wreck, Tennessee’s statute of limitations restricts your time to bring a car accident injury lawsuit against the other driver (or another liable party) or their insurance company to just 1 year. The court can render your claim invalid if you attempt to commence a civil action after this deadline.
However, there are a few exceptions to this one-year rule:
- Victim is a minor or mentally incompetent: The timeframe for filing a lawsuit changes a little if the victim is a minor. In such cases, they are granted a year from their 18th birthday to bring a civil claim. Similarly, if the victim is mentally impaired and incapable of making sound decisions, the Tennessee court will halt the statute of limitations until they’ve recovered from their disability. Subsequently, the victim will have a year from that date to bring a claim.
- Wrongful death: If the car accident victim has died from their injuries, eligible family members—typically the spouse, surviving children or parent—are granted a year from the date of death to file a lawsuit.
- Property damage: If your vehicle or personal belongings were damaged in the crash, you have a three-year window from the accident date to seek compensation for repair or replacement.
Tennessee Laws for Car Drivers
Similar to other states, Tennessee requires drivers to carry car insurance with the minimum coverage limits. This is helpful to cover any losses in case you’re involved in an accident where you’re at fault. To meet the requirements, you must have an auto insurance policy with the following minimum limits:
- $25,000 for each injury or death per accident
- $50,000 for total injuries or deaths per accident
- $25,000 for property damage per accident
However, you are not legally obligated to maintain the insurance if the car is stored or doesn’t work. Unless you fit the exemption, failing to carry the necessary insurance can result in fines or the loss of your driving privileges.
If the car accident resulted in an injury or property damage, Tennessee law requires you to stay at or near the crash site, exchange identifying information with the other driver(s) and wait for the authorities to arrive. You also must file an accident report within 20 days if any of the following conditions apply:
- There was a death or personal injury involved
- The property damage exceeds $1,500
- There was damage to state or local government property amounting to over $400
Identifying Fault for a Car Crash
Tennessee is a fault state—the driver, or another party, that is found at fault for the crash will be required to pay for any resulting damages. This generally means the insurance carrier of the one at fault will be liable to cover the losses up to the policy limits.
If your case goes to court, the jury will evaluate all evidence and decide who is responsible for the accident. Even if the other driver bears the majority of the blame, you may still hold some liability. So how does your portion of the blame affect how much money you collect?
Under Tennessee’s modified comparative negligence rule, you still receive compensation, granted that your share of liability is under 50%. The money you receive will be reduced by the percentage of fault assigned to you. So, if the court finds that the whole spectrum of losses you have incurred totals $50,000 and the jury assigns 20% fault to you, then you will be eligible to collect $40,000 of the total award.
The car accident lawyer in Memphis you work with will play a crucial role in minimizing your liability in the crash before the insurance adjuster, judge or jury. This way, you retain as much of the total award compensation as possible.
How Can a Memphis Car Accident Attorney Help You?
While the exact services a lawyer provides will depend on your case’s complexity and type, here’s a general view of how a lawyer will help:
- Review police reports, photographs, medical records and other pieces of evidence to identify fault and the full range of losses you’re facing
- Build a compelling evidence-backed case
- Communicate with the at-fault driver’s insurance and negotiate a fair settlement on your behalf
- Represent you in court, if necessary
- Keep you updated about the progress of your case and address any concerns
Car accident cases can quickly compound in complexity when commercial vehicles, government entities or corporations are involved. Multiple parties may share liabilities in these situations, making the legal process much more convoluted. With a Memphis car accident lawyer managing your case, you can have peace of mind knowing that they will handle all the necessary procedures and save you from the chaos of dealing with multiple insurance companies independently.
How to Find the Best Car Accident Lawyer in Memphis, TN
If you are involved in a car accident in Memphis, you want to entrust your case with an attorney who will protect your rights, prioritize your best interests and maximize your chance at winning a fair compensation through a claim or trial. But how do you hone in on an attorney like that?
Here are some questions to consider:
- Has the attorney handled car accident cases before? You want a car accident lawyer who has worked on similar cases to yours, as that means the attorney is familiar with Tennessee’s relevant laws and procedures and is well-versed in how to address arguments the at-fault party and their insurer may use to minimize their responsibility in your crash.
- How is the quality of their communication? It’s not a good sign if your attorney misses phone calls or does not attend meetings. A skilled attorney should ask you for your preferred method of contact and be available for regular check-ins to explain complicated matters, present you with your legal options at every step and listen to your input before developing a plan of action.
- How big is the firm? Larger legal firms generally have more dedicated resources to allocate toward your case, but it’s likely that you’ll be interacting more with the lawyer’s support staff. Larger firms tend to have higher costs too. On the other hand, smaller law firms offer a more personal experience and are often more affordable. However, their range of services may be more limited compared to larger firms. The nature of your case, your needs and preferences will dictate which firm is the best option for you.
Methodology
When creating this list of the Best Car Accident Lawyers in Memphis, TN, of 2024, Forbes Advisor considered many factors. Our mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area. Within the model, we review factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience,
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from various sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Remember that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when facing a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How long after an accident can you sue in Tennessee?
In most accidents, you have one year from the date the accident happened to sue the at-fault driver for damages.
How much does an attorney charge for car accidents in Tennessee?
In Memphis, the majority of car accident lawyers work on a contingency fee basis, which means their payment is contingent upon recovering compensation for their clients. The specific percentage they take as their fee varies depending on factors such as the complexity of the case and how early it’s settled.
Typically, if your case settles pre-trial, the lawyer’s fee is commonly around 33% of the settlement. However, if the case proceeds to trial, the percentage may increase to 40% of the final outcome. The exact percentage should be outlined in your retainer agreement.
What is the leading cause of death in a car crash?
Crash injuries that pose a higher risk of fatality include traumatic brain injuries, internal bleeding, spinal cord injuries, and any injuries affecting the vital organs are more likely to lead to death.
