Knoxville Personal Injury Lawyers
Suffering a personal injury can turn your life upside down, leaving you and your family grappling with pain, stress, and uncertainty. The physical recovery can feel overwhelming, while the emotional strain and mounting financial burdens add to the challenges.
At Hodges, Doughty & Carson, PLLC, we understand how deeply these struggles can affect every aspect of your life. We are committed to guiding you through legal processes with compassion and determination, fighting to secure the justice and compensation you deserve.
Our legal team has decades of experience representing the injured and defending businesses and insurance companies in personal injury cases. This dual perspective gives us valuable insight into the other side's strategies and operations.
Our clients benefit from our experience and gain insights into opposing parties' motivations and tactics. We understand how claims are evaluated from every angle. Our knowledge and experience can guide you through seemingly insurmountable legal battles.
Additionally, our firm’s commitment to the Knoxville community ensures that we are familiar with local laws and regulations, offering you a deeply informed perspective that prioritizes your best interests. We actively participate in community events and support local initiatives, reinforcing our dedication to making Knoxville a safer, better place for all residents.
Personal Injury Cases We Handle in Knoxville, TN
Our skilled legal team handles cases for victims of the following:
- Car accidents, including hit-and-run, drunk driving, and distracted driving accidents
- Pedestrian accidents
- Bicycle accidents
- Boating accidents
- Dog bites
- Motorcycle accidents
- Cabin rental accidents
- Premises liability, including slip and fall
- Product liability
- Truck accidents
- Wrongful death
These accidents can result in injuries ranging from cuts and bruises to whiplash, concussions, broken bones, internal injuries, and catastrophic injuries, such as brain and spinal damage.
Whether you are temporarily or permanently disabled, you can face physical pain, lost time at work, emotional trauma, and skyrocketing medical expenses. When such stress results from another’s negligence or wrongdoing, you deserve compensation for what you have endured.
We believe in empowering our clients through education about their rights and the legal journey ahead. By understanding the specifics of each case type, we can tailor our approach to optimize outcomes and provide strategic advice at every stage of the process. We work closely with medical experts and accident reconstruction specialists to build a solid foundation for your legal action.
Schedule a consultation with a Knoxville injury lawyer at Hodges, Doughty & Carson, PLLC by phone at (865) 737-2784. Or complete our online contact form.
Dedicated to Your Case Meet The Personal Injury Team
Tennessee Personal Injury Law & Claim Process
Tennessee's personal injury claim system has several unique aspects that individuals should understand when pursuing compensation for injuries:
- Statute of limitations: Tennessee has a one-year statute of limitations for most personal injury claims, per Section 28-3-104 of the Tennessee Code.
- Comparative fault: Tennessee follows a modified comparative negligence rule. Under this system, you can recover damages as long as you are less than 50% at fault for the accident. However, if you are found to be 50% or more at fault, you are barred from recovering any compensation.
- Filing a claim: The process involves gathering evidence, notifying the insurance company, and potentially submitting a demand letter to the at-fault party's insurer. If negotiations fail, you may file a lawsuit, which can lead to discovery, depositions, pre-trial motions, and potentially a trial.
- Compensation: Victims may recover economic damages (medical expenses, lost wages) and non-economic damages (pain and suffering). In some cases involving reckless or intentional acts, punitive damages may also be awarded.
Understanding these elements is crucial for effectively navigating Tennessee's personal injury system.
Many individuals are unaware that how they handle the initial aftermath of an accident can significantly impact their potential compensation. Key actions such as documenting the scene, seeking immediate medical attention, and contacting law enforcement can build a strong foundation for a claim. Moreover, maintaining detailed records of all medical treatments and expenses can be critical in illustrating the extent of damages and justifying compensation claims. Our team can provide comprehensive guidance and resources to help you through these initial and subsequent steps. Connect with a skilled injury attorney in Knoxville immediately after an accident.
Honoring a Legacy of Trust & Strength What Sets Us Apart?
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Strategic & Tenacious RepresentationLegal challenges require sharp strategy and unwavering commitment. We approach every case with meticulous preparation and relentless advocacy to help you move forward with confidence.
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Proven Experience, Trusted ResultsWith decades of combined legal experience, our team has successfully guided countless clients through complex legal matters. We bring the knowledge and dedication needed to fight for the best possible outcome.
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Client-Centered AdvocacyYour case isn’t just another file—it’s your future. At HDC Law, we take a personalized approach, crafting strategies tailored to your unique situation and goals.
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Comprehensive Legal RepresentationNo matter your legal challenge, we have you covered. From personal injury and family law to healthcare law and business litigation, our firm provides skilled representation across a broad range of practice areas.
Personal Injury Lawsuits: What You Don’t Know Will Hurt You
Knoxville is situated in one of the most beautiful areas of our great country. But despite its scenic splendor, the Knoxville region sees its share of accidents and injuries due to its location as a transportation hub. If you’ve been injured in an accident, you’d be well-advised to seek the advice of a competent local injury attorney to help you determine your right to financial compensation for your injuries.
If you have been injured in a Knoxville accident, there are some rules that may affect your ability to recover financially, including the Tennessee statute of limitations, modified comparative fault rules, and damage caps.
Modified Comparative Fault
In many, if not most, personal injury cases, the defendant (the person being sued for causing the injury) will claim that the plaintiff (the injured person) was responsible for the injuries. Tennessee law recognizes that the plaintiff may be in part responsible for his or her injuries through a legal doctrine called comparative fault. In particular, Tennessee’s standard is called “modified comparative fault.”
Under this standard, a plaintiff’s financial award for damages is reduced by his or her fault, which is set as a percentage of fault in the accident. For example, if a plaintiff is found to be 40 percent at fault in the accident, that person’s financial award will be reduced by 40 percent under Tennessee law. However, a person who is 50 percent or more at fault in an accident cannot collect damages from the other at-fault party.
As an example of how modified comparative fault works, consider a case where a driver hits a pedestrian and the pedestrian sues for his injuries. The pedestrian sues, and his injuries are found to be worth $500,000; however, the pedestrian is found to be 20 percent at fault because he crossed the street in an unsafe manner. As a result, under Tennessee’s modified comparative fault rule, the pedestrian will be able to collect only $400,000 from the driver or his insurance company. If, instead of 20 percent, the pedestrian was found to be 55 percent at fault in the accident, he would not be entitled to collect anything from the driver under the modified comparative fault rule.
Understanding the modified comparative fault system is essential for anyone pursuing a personal injury claim in Knoxville. Misunderstanding this aspect could result in unrealistic expectations about compensation or missteps that jeopardize the outcome. This rule emphasizes the importance of gathering robust evidence and presenting a compelling argument to minimize the perceived fault of the plaintiff. Our legal team is skilled at navigating these complex aspects, ensuring that our clients' interests are strategically protected throughout every stage of the legal process. Discuss your accident with a knowledgeable injury lawyer in Knoxville now.
Tennessee Damage Caps
Tennessee law limits certain types of damages in personal injury cases. Economic damages are damages intended to compensate you for money you have lost as a result of the accident. For example, your medical bills, costs to repair or replace your vehicle, and lost income are economic damages because they are measurable and represent money you have actually lost or will likely lose in the future. Other damages are referred to as “non-economic damages” and include “pain and suffering” and punitive damages.
Most non-economic damages, including “pain and suffering,” are capped at $750,000 dollars. That damage cap is increased to $1,000,000 dollars, in some cases, including but not limited to, in which the injury includes a severe burn, paralysis from a spinal cord injury, amputation of a limb, or death of a minor child’s parent.
For example, consider a case where a truck driver is severely injured in an accident, and the other driver is 100 percent at fault. If the truck driver’s injuries are found to be worth $500,000 dollars because of medical bills and future lost income, those damages (called “economic damages”) will not be reduced by the damage cap. But if the award also includes $2,000,000 dollars in pain and suffering damages, for a total award of $2,500,000 dollars, unless one of the situations listed in the prior paragraph applies, the plaintiff will be given only $1,250,000 dollars as compensation in the case.
Unique Challenges in Knoxville Personal Injury Cases
Knoxville, with its diverse landscape of urban and rural environments, presents unique challenges in personal injury law. Accidents on local highways, such as I-40 and I-75, often involve complex liability issues due to heavy traffic and road construction. Navigating these local challenges requires a nuanced understanding of regional traffic laws and regulations, something our firm is well-versed in. This localized knowledge allows us to anticipate potential legal hurdles and proactively address them, ensuring a smoother process for our clients.
In addition to traffic-related accidents, Knoxville's proximity to outdoor recreational areas means that incidents related to biking, hiking, and boating can also arise. Such cases often involve different legal standards and require a firm that understands the full scope of Tennessee's personal injury laws. At Hodges, Doughty & Carson, PLLC, we approach each case intending to maximize recovery while reducing stress and uncertainty for our clients. This commitment to comprehensive local knowledge distinguishes our law practice in helping you achieve the best possible outcome. If you or a loved one were hurt in an accident, get in touch with an injury lawyer in Knoxville at our firm right away.
Discuss Your Injury Claim with Hodges, Doughty & Carson, PLLC
This page has covered only a small sampling of the rules that apply to personal injury cases. If you or a loved one has been injured in a Tennessee accident, seek the counsel of an experienced Knoxville injury lawyer as soon as possible after the accident. The statute of limitations, damage caps, and modified comparative fault may reduce or even eliminate your award. Without competent counsel, you may lose your ability to financially recover for your injuries.
Hodges, Doughty & Carson, PLLC is a diversified general practice and civil law firm. We serve a wide range of clients, including Tennessee residents and out-of-state clients. Consulting with our experienced attorneys can significantly impact the outcome of your case. Let us help you navigate the legal requirements effectively and maximize compensation.
Choosing a legal partner familiar with Tennessee's specific personal injury laws can be invaluable. Our team at Hodges, Doughty & Carson, PLLC takes the time to understand the nuances of each client's situation and provides guidance tailored to their unique needs. This personalized approach ensures that you receive not only legal advice but also emotional support and practical solutions. We are here to advocate for your rights and work tirelessly toward securing the compensation you deserve.
Ready to discuss your case? Call us at (865) 737-2784 or contact us to schedule a case evaluation with a qualified injury attorney in Knoxville.
Frequently Asked Questions About Personal Injury Claims
What Should I Do Immediately After an Accident?
After an accident, prioritize safety first. Check for injuries and call emergency services if necessary. Document the scene by taking photos and gather contact information from all parties involved, including witnesses if possible. These initial steps can be critical in building a strong foundation for your personal injury claim. Keeping track of medical treatments and expenses from the onset can also support your compensation claim. Our team at Hodges, Doughty & Carson, PLLC can help guide you through these initial stages to ensure no detail is overlooked.
How Long Do I Have to File a Personal Injury Claim in Knoxville?
In Tennessee, you generally have one year from the date of the incident to file a personal injury claim. This is known as the statute of limitations, per Section 28-3-104 of the Tennessee Code. Failing to file within this time frame can result in losing your right to pursue compensation. It's crucial to consult with a Knoxville injury attorney promptly to ensure all necessary legal steps are taken.
Can I Still Recover Damages If I Am Partially at Fault?
Tennessee follows a modified comparative negligence rule, which means you can still recover damages if you are less than 50% at fault for the accident. However, any compensation you receive will be reduced by your percentage of fault. For example, if you are found 10% responsible, your award will be reduced by 10%. Understanding how fault can impact your claim is essential, and our legal experts at Hodges, Doughty & Carson, PLLC can provide clarity and strategy to help you maximize your potential compensation.
What Types of Compensation Can I Pursue in a Personal Injury Claim?
In personal injury claims, victims can pursue several types of compensation, including economic damages like medical expenses and lost wages, as well as non-economic damages such as pain and suffering. In certain cases, punitive damages may also be awarded to punish egregious behavior. Our attorneys will carefully evaluate all facets of your claim to determine the best course of action in securing compensation for your injuries and losses.
Why Should I Choose Hodges, Doughty & Carson, PLLC for My Personal Injury Needs?
Choosing Hodges, Doughty & Carson, PLLC means you'll have a dedicated team with deep ties to the Knoxville community working on your behalf. Our comprehensive understanding of local laws combined with decades of experience, equips us to offer the informed guidance you need. We are committed to providing personalized services that respect your unique circumstances and aim for the best possible outcome. Let us be your trusted advocates in this journey for justice and recovery. Contact an injury attorney in Knoxville now!
Our qualified injury lawyer in Knoxville is here to assist you. Call (865) 737-2784 or use our online form to schedule your consultation without delay.
Our Personal Injury Law FAQ
Still have questions or can't find the answer you need? Give us a call at 865-737-2784 today!
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Can I ask for money from my insurance company, if I need it later, after I have already settled?
No. Once you settle a personal injury case, whether it’s on your own with the insurance company, or if you have a lawyer, you cannot ask for more money. During the settlement process, you will have signed a document, generally called a “release” (or “release of all claims,” “settlement agreement and release”).
There are variations on what it’s called. What that document says is that the insurance company for the at‑fault party, or the party themselves, if they’re self‑insured, has paid you this money in exchange for this release, and that you’ve agreed to accept it by signing the release. You release the at fault party and their insurance company and waive all claims you have when you sign a release.
This is all you can ever get as a result of this particular accident and your injuries. You cannot get more money later. You should only settle once you have finished your medical treatment and have a good handle on all your damages such as medical bills, lost wages, and loss of future wages.
After you settle and sign a release, you cannot go back and get any more money.
For more information on personal injury law in Tennessee, contact an experienced Knoxville personal injury attorney at Hodges, Doughty & Carson, PLLC today for the help you need.
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What is my personal injury claim worth?
If you or a family member has been injured in an accident, this is probably one question you definitely want answered. While a Knoxville personal injury attorney may not have a magic calculator and he may not be able to see into the future, he does understand how to value a personal injury case. The first step in calculating what your personal injury claim is worth is conducting a thorough and complete accident investigation.
Investigating a Personal Injury Claim?
When you are injured in an accident, you suffer physical, financial, and emotional damages. Under Tennessee personal injury laws, you are entitled to receive compensation for all of your damages. However, your attorney must first prove that the other party was responsible for the accident that resulted in your injuries. You can only receive compensation for your damages if your attorney can establish fault. The first step is to complete an accident investigation to identify and preserve key evidence used to prove fault and to prove damages.
Once the investigation is complete, your Knoxville personal injury attorney will begin building a case to prove the negligent party caused the accident and because of the accident you suffered injuries. As part of this process, your attorney will request copies of medical records, accident reports, and other documentation. He will interview witnesses, consult with your physicians, and possibly consult with expert witnesses. Your Knoxville personal injury attorney uses all of the information he discovers during the accident investigation and as you recover from your injuries to prove fault and maximize the amount of compensation you receive from your damages.
How is a Personal Injury Claim Valued?
In a personal injury case, you suffer economic and non-economic damages. Under Tennessee personal injury law you can recover both economic and non-economic damages from the responsible party. Your attorney uses these damages to calculate the value of your personal injury claim. Below are examples of the types of damages you may be entitled to receive for your personal injury claim.
Economic Damages
Economic damages are those damages that result in actual financial losses due to the accident. Examples of economic damages include but are not limited to:
- Past, present, and future lost wages
- Past, present and future medical expenses
- Property damage
- Loss of earning capacity
- Funeral, cremation, and burial expenses in the case of death
- Other out-of-pocket expenses such a travel expenses, over-the-counter medications, medical supplies, personal care, etc.
To calculate economic damages you add the actual cost of each damage to arrive at a total. However, some economic damages are not quite that simple. For example, future lost wages, future medical bills, and loss of earning capacity are much more difficult to calculate. Several factors including your age, type of injury, severity of injury, and previous earnings are all factors used to calculate future damages. In most cases, we utilize the services of financial experts, medical professionals, and other experts to assist us with calculating the value of future damages.
Non-Economic Damages
Non-economic damages are subjective in nature because each person experiences these types of damages differently. Two injury victims can suffer the same exact physical injury (i.e. broken bone) but one victim may suffer greater physical pain and have a permanent disability from the broken bone. Examples of non-economic damages include:
- Physical pain
- Emotional suffering
- Mental anguish and stress
- Scarring and disfigurement
- Permanent disability
- Loss of enjoyment of life
- Loss of support, companionship, and guidance
Keeping a detailed pain and suffering journal can help your attorney demonstrate how the accident has impacted your life by detailing your pain level, your stress, emotional suffering, and inability to perform tasks you did prior to the accident. In some cases, expert witnesses can also help define the level of your non-economic damages. Our experienced injury attorneys have years of experience translating non-economic damages into a dollar amount that maximizes the compensation you receive for your injuries.
What Are Punitive Damages?
In a very few cases, injured victims may be entitled to punitive damages. Punitive damages are designed to “punish” the wrongdoer by adding to the financial compensation owed to the accident victim. Punitive damages are reserved for the worst type of personal injury cases where malicious, intentional, fraudulent, or reckless actions are involved. Punitive damages are not awarded in all cases; however, punitive damages can serve as a warning to others that this type of egregious behavior will not be tolerated.
Have You Been Injured In An Accident?
The personal injury attorneys of Hodges, Doughty & Carson, PLLC have extensive experience calculating compensation in personal injury cases. If you or a family member have been injured in an accident, contact our accident lawyers by calling 865-292-2307 or fill out the contact from. Schedule a legal consultation with a Knoxville personal injury attorney so that you can get legal advice when you need it the most.
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What happens to my claim if both the other driver and I are partially responsible for the motor vehicle accident?
This is a very common question. In Tennessee, we have what is called modified comparative fault. That means a plaintiff can recover, as long as they are less than 50 percent at fault.
For example, a plaintiff could be 49 percent at fault; the at‑fault party could be 51 percent at fault. Then the plaintiff would recover 51 percent of their damages. If both parties are 50 percent at fault, or if the plaintiff is more than 50 percent at fault, then the plaintiff recovers nothing. If the case is tried, a jury decides the percentage of fault of each party.
Since few cases go to trial, generally, the lawyers for both sides take discovery, take depositions, and try to decide how a jury would decide on fault.
You can have a claim if you are partially responsible, but not if you are 50 percent or more responsible for the accident.
If you have more questions about car accident injury, or any type of accident occurring in Tennessee, contact an experienced Knoxville auto accident injury lawyer today for guidance.