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?
-
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.
-
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.
-
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.
-
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 865-205-6554 today!
-
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.
-
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.
-
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.