FAQ
Our Most Frequently Asked Questions
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Personal Injury
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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 steps should I take after I’m injured in an accident in Tennessee?
If you are still at the scene of the accident, of course your health takes precedence. Get medical attention as soon as you can if you need it.
If you are in a situation where you are not so severely injured after an accident (car crash, truck accident, slip and fall, etc.), and you can speak with other parties involved, you need to get their contact and insurance information.
Get as much information as you can. If it’s a car wreck, call the police (or have somebody call them for you). Talk to a police officer and give them your information and answer any questions that they have.
Beyond that, if it’s a broader question, focus on your injury and get medical treatment by simply following all of your doctor’s orders. At the appropriate time when you are medically able, contact an attorney to advise you of your legal rights.
If you have more questions concerning your actions following an accident in Tennessee, contact the Knoxville personal injury attorneys at Hodges, Doughty & Carson, PLLC today for guidance.
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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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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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Can I seek compensation for my injuries if I was the at fault person in the accident?
Generally, no. However, even though you may think you were the at‑fault person in the accident, your assumption may be incorrect. You may not be the at‑fault person in the accident if, for example, an unknown motorist—that didn’t stop—ran you off the road, or caused you to hit another vehicle.
Even though that unknown motorist, we’ll call them “John Doe,” ran off and you didn’t have any clue who that was, you may be able to make a claim, or have a lawsuit filed. You would need to check with a lawyer to get a legal opinion on whether or not you’re the at‑fault person.
For more information on car accident injuries in Tennessee, contact an experienced Knoxville personal injury lawyer at Hodges, Doughty & Carson, PLLC today for help.
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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.
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Do I have to accept the settlement that the insurance company offers? If the offer’s too low, what can I do?
No. You do not have to accept a settlement that the insurance company offers. If their offer is too low, you can counteroffer (ask them to pay more). If settlement negotiations break down, and you’re not happy with what they offer, you can file suit—as long as you do it within the appropriate statute of limitations for personal injury or for your particular cause of action or case.
Generally, we do not recommend that people negotiate with insurance companies directly, because they’re usually not going to get as much. In almost every situation, I would recommend that you contact an attorney about your case, and let an experienced lawyer negotiate on your behalf.
If you have more questions about dealing with insurance companies after a car or truck accident in Tennessee, contact an experienced personal injury lawyer at Hodges, Doughty & Carson, PLLC for help and guidance. We can walk you through the process, answer any questions you may have concerning your accident, and help you fight for the compensation you deserve if you so choose.
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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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Family Law
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What happens during a mediation session?Mediation is a common type of alternative dispute resolution used by the Tennessee family courts to assist parties in resolving their differences without the necessity of a lengthy, costly, and frustrating trial. The mediation process is governed by Tennessee Supreme Court Rule 31. Because mediation can produce a legally enforceable agreement, it is in your best interest to retain an experienced Knoxville mediation attorney to represent you during the mediation process.
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What is mediation?
Mediation is the process of bringing parties together with a neutral, third-party person who acts as a mediator to facilitate communication and discussion between the parties. The mediator may offer suggestions, advice, or opinions at the parties’ request, but he or she cannot make a judgment as to right or wrong. The mediator is present solely for the purpose of managing the mediation session and guiding the parties toward discussions that can resolve their issues.
The purpose of mediation is to resolve some or all of the disputed issues without the necessity of court intervention. Mediation is private and confidential whereas a family court trial may be a matter of public record; therefore, many couples prefer to settle matters through this alternative method, if possible, to avoid a costly, public trial. Nothing that is said during mediation can be used as evidence at trial and the mediator cannot be called as a witness by either party.
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What can you expect during mediation?
In most cases, the mediation session will be held at the mediator’s office. Your attorney should be present to advise you of your legal rights and to advise you of the consequences, pros, and cons of any proposed settlement agreement. The mediator may choose to place you and your spouse in the same room or separate rooms. In cases where emotions are out of control, the mediator will likely place you and your attorney in a separate room and go between the two rooms as he or she helps you discuss potential settlement terms with your spouse. Regardless of whether you are in the same room with your spouse or in separate rooms, you and/or your attorney will have the opportunity to make statements to the mediator and discuss any issues or problems that you feel must be addressed in order for the mediation to be successful.
If the negotiations produce a resolution, your attorney or your spouse’s attorney will draft all of the necessary documents detailing the terms of your settlement. These documents must be reviewed and approved by both parties before they are filed with the court. If the court adopts the agreement, the settlement will become enforceable as the final order of the court.
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How Much Does Divorce Mediation Cost?
It is impossible to say exactly how much your divorce mediation will cost, as each mediator sets his or her own fees and sets how those fees are to be paid. In most cases, mediators will ask that each spouse pay one-half of their fee. The parties can agree to a different arrangement, such as 60-40 or one spouse pays the entire fee. If the parties cannot agree on how to pay the fee, either spouse can petition the court requesting an order forcing the other spouse to pay the mediator’s fee or a portion of it.
Some mediators require the parties to pay the entire estimated fee before sessions or other services begin. If the mediation does not take as many hours as the mediator estimated, a refund will be issued at the end of the service. If more hours are required, the mediator will inform the parties how he or she expects the fees to be paid. Typically, mediators charge fees based on an hourly rate (i.e. $250-300 per hour or more depending on the mediator’s experience, education, skill, and reputation).
Although an exact price cannot be specified, it is important to note that mediation can be a great alternative to litigation in a divorce case and it can save you a significant amount of money.
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How do I choose a Knoxville mediator?
When choosing a mediator, your attorney can give you guidance and direction on mediators he or she has worked with in the past. As with anything else you are “purchasing,” you need to do your research. Contact several mediators and ask questions about the services provided and the fees charged for those services. Ask direct questions and expect direct answers in return.
However, you must also remember that experience counts and experience tends to cost more. This is where your attorney can be a valuable asset in choosing a mediator. Your attorney knows the mediators in your area, their reputation, and their fees. In most cases, you can find a meditator who has a good reputation for a fee that is within your budget with the help of your family court attorney.
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Do you need a Knoxville mediation attorney?Even if you retain mediation services for your Tennessee divorce, an attorney is still needed to draft the legal documents. If you are going through a divorce or other family law case, the attorneys of Hodges, Doughty & Carson, PLLC can provide mediation services and legal representation of parties during the mediation process. Our attorneys are skilled mediators in addition to highly trained litigators. Let us assist you in finding a mutually agreeable resolution to your divorce in a timely, cost-effective manner.
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