Loss of quality of life claims in Tennessee

When a Tennessee car accident injury is so severe that the victim suffers a disabling or disfiguring injury, the victim will most likely experience a permanent loss in the quality of his or her life. Perhaps he or she is no longer able to enjoy the same sports, enjoy his or her family or earn the same kind of income. These and other factors will all lead into supporting the claim for loss in quality of life.

Since this is a qualitative injury, rather than a quantitative one, there's no way to calculate what an individual's loss of quality of life damages are exactly. As such, the different sides will likely have different opinions about how much your claim for loss of quality of life is worth, and how much you should settle it for.

Both sides tend to take "gambles" on loss of quality of life issues when going to court, because the ultimate decision will land in the laps of the jury on the case. A jury might be especially sympathetic to the accident victim and award a large sum for loss of quality of life, or it might not be sympathetic and therefore award a small sum or nothing at all. Neither the defense nor the plaintiff will know what the end result will be -- they can only make a guess -- and this is where the gamble comes into play.

All that said, here is what plaintiff attorneys will need to prove:

-- That the defendant caused the accident

-- That the accident caused a reduction in the quality of your life

Plaintiffs will need to prove the specific activities they formerly enjoyed. Then they will need to prove that they can no longer enjoy them. However, plaintiffs should definitely expect a fight. Defense counsel could bring in witnesses, such as ex-lovers, ex-spouses, medical expert witnesses and other to testify against you in court.

Tennessee residents who want to pursue a loss of quality of life claim in their car accident case should discuss the option with their lawyers. An attorney can help accident plaintiffs devise an appropriate strategy for seeking these damages either by settlement or court proceedings when necessary.

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