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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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 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.