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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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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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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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.