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 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 the legal process 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 these cases. This dual perspective gives our legal team 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 help us guide you through seemingly insurmountable legal battles.
Schedule a consultation with a Knoxville personal injury attorney at Hodges, Doughty & Carson, PLLC by phone at (865) 737-2784. Or complete our online contact form.
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.
Dedicated to Your Case Meet The Personal Injury Team
Tennessee Personal Injury Law and 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.
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 attorney to help you determine your right to financial compensation for your injuries.
If you have been injured in a Knoxville accident, there are a number of 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 lawsuits, the defendant (the person being sued for causing the injury) will claim that the plaintiff (the injured person) was actually responsible for the injuries. Tennessee law recognizes that the plaintiff may be in part responsible for his or her own 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 dollars; 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 dollars 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.
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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Do I have to have been injured in an accident or had medical treatment to seek compensation?
Generally, yes, you must be injured in an accident to seek compensation.
Many times injuries don’t manifest for a few days, or even a week. I have seen several days pass before somebody realizes that they’re a little more shaken up than they had originally assessed. They then can seek medical treatment.
Generally, if you don’t have any injury and you haven’t had any medical treatment, then no, you can’t get compensation. You may, however, still be able to get compensation for property damage, such as vehicle damage (if your car, truck, or SUV was damaged).
Even though you weren’t hurt, depending on the circumstances of the accident, you could certainly have a claim against an at‑fault party, insurance carrier, or your own uninsured or under‑insured motorist carrier, for property damage.
If you have more questions about an accident you or a loved one have suffered in Tennessee, return to our resources page or contact a personal injury attorney at Hodges, Doughty & Carson, PLLC today.
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I was injured in a car accident that wasn’t my fault. What are my legal options?
If you have been injured in a motor vehicle accident that wasn’t your fault, you have several options. First, you need to contact an attorney to explain your legal rights.
You can make a claim with the other person’s insurance carrier, if they have one. There are a lot of people driving uninsured in Tennessee so the other at-fault driver may not have an insurance carrier.
If they do have an insurance carrier, you could make a claim with them and try to settle directly. In many instances, that’s not possible, as the other insurance carrier will low‑ball you. You could file suit against the at‑fault party and go about it that way.
If the at‑fault party does not have insurance (or if their insurance limits are relatively low) and the injured person has higher uninsured/under‑insured motorist limits, then they can also file a claim or a lawsuit (or both) against their own insurance carrier to take advantage of higher uninsured or under‑insured motorist limits.
There are many different options available depending on the circumstances of your car accident. It is a complicated process and you would need to talk to a lawyer to find out what is the best option for you.
Contact Hodges, Doughty & Carson, PLLC in Knoxville today to speak with an experienced Tennessee car accident attorney.
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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.