Home to some of the state’s largest employers including The University of Tennessee, East Tennessee Children’s Hospital, CVS Caremark, and UPS, Knoxville continues to attract people from out of state.
The 2020 census estimated that Knoxville’s population grew by more than 12,000 people. More people are moving in and finding jobs, building homes, but more people are also getting in accidents.
Unfortunately, many accidents in Knoxville are the result of someone else’s reckless or negligent actions. Negligence is inexcusable when it causes injury and damage, and you have the right to hold the responsible party accountable. Call the best personal injury attorney in Knoxville, TN from LawyerUp today.
Our Practice Areas
Many types of accidents fall under the umbrella of personal injury: car crashes, truck accidents, motorcycle collisions, slip and fall accidents, and wrongful death cases are some of the most common.
Wherever or whoever injured you in Knoxville, you have the right to legal representation. If the accident wasn’t your fault, you may be able to recover compensation for your injuries and property damage.
Call one of our top personal injury attorneys in Knoxville, TN today to learn how we’ll fight for you.
Determining Fault in a Knoxville Personal Injury Accident
One of the first things you’ll need to find out in your personal injury case is who is at fault (liability). Fault is crucial in these cases; once it’s determined, the liable party is responsible for paying compensation (damages) to the injured person or party.
Some cases are simpler than others in determining liability. That’s why it’s important to hire a personal injury attorney in Knoxville, TN as soon as possible. An attorney will investigate the accident, discover all potential at-fault parties (sometimes there are two or more), and present your case to the other party’s lawyers or the court.
Most personal injury claims are based on the legal theory of negligence. Negligence occurs when one party acts or engages in behavior that falls below the standard of care and that ends up harming another person. Let’s take a closer look at the elements necessary in presenting a successful negligence claim:
Duty
As the plaintiff, you and your personal injury attorney in Knoxville, TN will have to prove that the defendant owed you a duty of care. Duty of care is important because it establishes that they had a legal obligation to act with reasonable care. This step is usually quite simple to prove because all drivers owe each other a certain degree of prudence, or carefulness. That means following the rules of the road, paying attention, and other ways to safely operate the vehicle.
Breach of Duty
The next step to prove negligence is to establish that the other party breached the duty of care that they owed you. In the case of a car accident, a breach of duty would occur if a driver took their eyes off the road to text someone, or if they were drunk driving, or any other circumstance where they deviated from the appropriate level of care.
Causation
Next, you and your personal injury attorney in Knoxville, TN will have to prove that the defendant’s negligence directly caused your injuries. You can’t win a personal injury lawsuit against another driver if your injuries actually occurred when you fell down the stairs at home.
Causation is usually fairly simple to establish, but there are plenty of circumstances where complications arise.
Damages
Lastly, you and your attorney must prove that you suffered real, calculable damages in the accident. You can’t claim $1,000,000 to pay for medical bills that cost $500. Most damages are monetary, but some don’t come with a price tag and are more difficult to assign a value to.
Other Ways to Prove Fault
Not all personal injury accidents occur due to negligence. Depending on the unique circumstances of your case, you may be able to prove the other party’s fault by:
- Establishing intentional conduct – In opposition to negligence where an accident occurs out of recklessness or carelessness, intentional conduct occurs when someone deliberately causes harm or injures another.
In some cases, intentional conduct may be a criminal matter. If you and your lawyer can prove that the other party acted intentionally, you may be able to claim punitive damages (more on that below).
- Proving negligence per se – Negligence per se is a legal doctrine that translates to negligence “in and of itself.” If a person breaks a law intended to keep people safe and causes an accident, negligence per se would likely apply.
This isn’t your run-of-the-mill carelessness; it’s breaking one or more laws. Illegal activities that could warrant negligence per se in a car accident case include texting and driving, driving drunk, excessively speeding, or running a red light.
No matter who caused the accident, the only way to get maximum compensation for your injuries is to hire a competent and experienced personal injury lawyer in Knoxville. They’ll conduct a thorough investigation of the crash, speak to witnesses and experts, and gather all types of evidence to bolster your claim.
Call one of our best personal injury attorneys in Knoxville, TN today to get started on your legal strategy.
The Potential Impact of Modified Comparative Fault in Tennessee
Tennessee follows the rule of modified comparative fault in determining if and how much compensation the victim of a car accident should be rewarded.
Modified comparative fault means that victims of car accidents can recover damages only if a judge or jury finds them to be 49% or less at fault for the accident. If the victim is found to be 50% or more at fault, they recover nothing.
If you’re eligible for compensation, the judge or jury will assign you a percentage of fault based on the facts of the case, and your monetary reward will be reduced accordingly. For example, if the total recovery amount is $100,000 and you’re found to be 40% at fault for the accident, you could walk away with $60,000.
Modified comparative fault is another of the many reasons to hire a top personal injury attorney in Knoxville, TN – they know how to argue your case and will work towards getting you maximum compensation.
The Statute of Limitations for Personal Injury Claims
A statute of limitations is a deadline for filing your personal injury lawsuit. In Tennessee, victims have one year from the date of the accident to file a lawsuit before they lose the right to pursue litigation.
This deadline helps to ensure that plaintiffs aren’t bringing forward expired or out-of-date evidence. If you miss the deadline the judge will likely throw out your case. It’s important to note that Tennessee is among the states with the shortest statute of limitations; if you’re considering filing a lawsuit, don’t wait until the last minute. Call a personal injury attorney in Knoxville, TN today and get started on a strong case.
Why It’s in Your Best Interest to Hire a Personal Injury Lawyer
We get it – it sounds intimidating to hire a lawyer. But without one, you’re risking your potential to earn maximum compensation. Here are a few reasons why you should seriously consider hiring a top personal injury attorney in Knoxville, TN.
We only get paid if you win.
One of the most common deterrents to hiring a lawyer is the perception that it’s expensive. People assume that legal fees, combined with their medical bills and property damage bills, will leave them in a financial hole. But our lawyers work on a contingency fee basis, meaning they only get paid if you do.
Operating through a system of contingency fees means that you don’t have to worry about our lawyers working hard. Because they only get paid when you do, rest assured they’ll do everything in their power to earn you maximum compensation.
We prepare every case for trial.
We’re going to prepare your case for court even if you tell us that you don’t have any plans to bring it there. That’s because circumstances change quickly and drastically; you might end up having to go to court, and if your attorney isn’t prepared, you’re unlikely to make a very compelling case.
Other attorneys and law firms don’t use this approach, probably for the sake of getting as many clients through the door as possible. But we know it’s a strategy that helps us earn compensation for clients. It takes more work, but our way is worth it.
Common Types of Personal Injury Claims
Our top personal injury attorney in Knoxville, TN are knowledgeable and experienced in several practice areas. Learn more about the types of cases we take on below.
Car Accidents
Even accidents that seem minor at the time can produce serious injuries later, not to mention the types of devastating injuries often present in serious crashes. Burns, fractures, spinal cord injury (SCI), traumatic brain injury (TBI), and back and neck injuries are all common results of car accidents.
Unfortunately, many car accidents in Knoxville are caused by negligent drivers. If you or a loved one were injured in a crash that was not your fault, call one of our personal injury attorney in Knoxville, TN right away.
Truck Accidents
Semi-trucks can weigh up to 80,000 pounds. These gargantuan vehicles are so much bigger and heavier than passenger cars that they often crush entire vehicles under their weight. As you can imagine, truck accident injuries are often devastating or even fatal.
With budget cuts and fewer workers, many trucking companies have asked or forced their employees to work beyond the federally mandated time limit of 12 hours. This practice is illegal and puts many lives in danger. If you were injured or a loved one killed in a semi-truck accident, you have the right to representation.
Motorcycle Accidents
Motorcycles aren’t treated with nearly as much respect or patience as other vehicles. Unfortunately, even motorcyclists who adhere to every law and drive extremely carefully are at a much higher risk of being severely injured or killed.
Just because motorcycles are smaller than cars doesn’t mean that their drivers should be treated with less care. If you or a loved one were injured in a motorcycle accident, you have the right to hold the at-fault party responsible.
Slip and Fall
Slip and fall claims fall under the area of premises liability. Business owners and individuals have a duty to maintain safety on their property. Some owners allow their properties to fall into disrepair and succumb to nature, causing health and animal problems.
Others don’t follow laws concerning workplace or business safety, failing to repair broken steps or equipment, or failing to place warning signs when appropriate.
Slip and fall injuries may not seem like a big deal, but the truth is that these accidents can cause serious injuries like TBI, SCI, and more, especially among elderly populations.
Wrongful Death
Wrongful death occurs when an individual or entity causes the death of someone else. Wrongful death claims can be brought for both negligent and intentional actions and are often a great source of relief for the families of the deceased.
Individuals, companies, or even government entities can be held liable for wrongful death. Tennessee allows only certain individuals to bring a wrongful death case:
- The deceased person’s spouse
- If no surviving spouse, the deceased person’s child or next of kin
- In some cases, the deceased person’s parent
- The deceased person’s personal representative
Wrongful death cases are often highly emotional and sensitive for everyone involved. If you’re the family member or personal representative of a person who died in an accident caused by someone else, you deserve to grieve properly and not worry about the lawsuit.
Our top personal injury attorney in Knoxville, TN will handle all aspects of the case for you and work hard to get you the compensation to pay for your loved one’s funeral and other related expenses.
Potential Damages in a Knoxville Personal Injury Lawsuit
Depending on the facts of your case, you may claim for three types of damages in a personal injury lawsuit: economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages are losses or expenses related to the accident that can be calculated or recorded easily. Their value will not change from jury to jury. Economic damages may include:
- Past and future medical expenses, including ambulance rides, doctor appointments, and medication
- Past and future lost wages
- Household services (physical rehabilitation, nursing care)
- Property damage
- Lost earning capacity
If you were injured in an accident in Knoxville, remember this. Try to hold on to all the receipts and bills accumulated in the months following the accident. These are hugely beneficial pieces of evidence that will help your attorney determine the full cost of the accident, which will help them argue for maximum compensation in or out of court.
Non-Economic Damages
Non-economic damages are concerned less with the literal financial cost of the accident and more with the emotional and physical state. Non-economic damages are helpful in establishing and providing compensation for the true full cost of the accident – things that can’t be calculated as easily as a medical bill.
Depending on your situation, you may be able to recover the following non-economic damages:
- Pain and suffering
- Loss of consortium (loss of fellowship with your spouse)
- Mental distress or anguish
- Disfigurement
- Physical impairment
These damages are often more difficult to prove than economic damages, but that doesn’t mean you aren’t eligible to receive them. Hire the best personal injury attorney in Knoxville, TN to recover from your losses.
Punitive Damages
Punitive damages are reserved for situations of gross negligence or intentional harm, such as in a case where someone was seriously injured by a drunk driver or intentionally shot or assaulted.
The purpose of punitive damages is not to award the victim but to punish the perpetrator. The defendant often goes to jail in these cases, and money is awarded directly to the victim. It’s unlikely that you’ll be eligible for punitive damages in your personal injury case, but every situation is different. Your attorney will sit down with you and discuss all possible avenues for recovery.
The Best Personal Injury Attorneys in Knoxville, TN Are On Your Side
Accidents cause physical, emotional, and mental pain and are often very costly. If you were injured in an accident that was not your fault, you don’t have to suffer on your own. One of our top Knoxville personal injury attorneys will investigate your case and get started on a formidable legal strategy. Call today for more information.