How does a Knoxville Personal Injury Lawyer Help You?
You can recover compensation for your injury-related losses either through a settlement or litigation. A settlement may be possible if the defendant — or more likely their insurance company — admits fault and offers a payment to you. If you accept, you must give up all future claims arising from the incident that harmed you. You’ll need to be certain you’re making the right choice before moving forward.
Litigation, on the other hand, means going to court where you’ll have to present witnesses and other evidence. You may end up with more compensation than you would have received in a settlement — especially if you get a low offer — but there’s a great deal more uncertainty. There’s no guarantee the court will find for you, for one thing. It’s also more expensive and could be very time-consuming depending on how the case unfolds.
At The Lawyers of Brown & Roberto, our firm is made up of skilled negotiators who can help you to settle for a reasonable sum. However, we’re also members of the Tennessee Trial Lawyers Association. This means we are experienced litigators ready to make a compelling court claim on your behalf if no settlement can be reached.
Some of the ways in which we can help you to pursue your claim include:
- Gathering evidence on your behalf. There may be police reports, toxicology reports, driving logs for truckers, and a host of other documents that can help you to prove the other party was to blame. We can help you identify which documents to request and complete the process of obtaining them for you.
- Interviewing witnesses and finding experts. A Knoxville personal injury lawyer at The Lawyers of Brown and Roberto will depose witnesses who saw you sustain your injury. When necessary, we can also bring in experts to testify on your behalf to prove either who was at fault for hurting you and the extent of your damages. This can be especially important in complex cases such as product liability claims where you can recover compensation by proving that the product caused harm when used as intended.
- Identifying all potential defendants. In some circumstances, you may be able to pursue a claim against multiple defendants. For example, in truck accident claims, it’s often possible to make a case against the trucking company, not just the driver, under Tennessee’s vicarious liability laws. With Federal Motor Carrier Safety Regulations requiring as much as $5 million in insurance under certain circumstances, identifying all defendants who may have substantial insurance coverage can help you recover full compensation.
Of course, your attorney will also work to negotiate a fair settlement on your behalf, and if a reasonable settlement cannot be reached, we will represent you in court.
What to Expect During the Personal Injury Process
The personal injury lawsuit process involves several stages, each of which are crucial to presenting a strong case and recovering the compensation that you deserve. The Lawyers of Brown and Roberto will guide you through every step, which may include the following:
- Investigation: Our firm will meticulously gather evidence, interview witnesses, and consult with experts to build a solid foundation for your case. We thoroughly document your injuries, assess the full extent of your damages, and identify all potentially liable parties.
- Pre-filing negotiations: We may engage with insurance companies and opposing parties to seek a fair settlement before filing a lawsuit. Our attorneys leverage their negotiation skills to counter lowball offers and fight for the compensation you deserve, all while keeping you informed of your options.
- Filing: If pre-filing negotiations do not yield a satisfactory outcome, we will prepare and file a personal injury lawsuit on your behalf. Our firm will make sure that all necessary documents are accurately completed and filed within the required timeframes.
- Discovery: During this phase, we exchange information with the opposing party and take depositions or interrogatories of witnesses and experts. Our attorneys will work to uncover crucial evidence and better understand the defense’s strategy to strengthen your case.
- Pre-trial negotiations: Equipped with the information gathered during discovery, we may re-engage in settlement negotiations. Many personal injury lawsuits are resolved at this stage without the need for trial.
- Trial, verdict, and appeals: If your case proceeds to trial, we will prepare and present your case to the judge or jury. Our attorneys will argue aggressively on your behalf, cross-examine witnesses, and craft a compelling narrative of your experience. If necessary, we’re prepared to handle any appeals.
Compensation for a Knoxville Personal Injury
In most cases, if you have been harmed by someone else, you can pursue a personal injury claim to recover compensation for:
- Medical bills
- Loss of wages
- Reduced earning power going forward
- Pain and suffering
- Emotional distress
You should be fully paid for all the financial damages you’ve incurred. For non-economic losses such as pain and suffering and emotional distress, Tennessee Code Section 29-39-102 caps your damages at $750,000 or $1 million for catastrophic injuries.
A Knoxville personal injury lawyer at The Lawyers of Brown and Roberto will dedicate themselves to helping you maximize your compensation within these limits so you get the funds you need to move forward.
How to Prove Your Right to Compensation in a Personal Injury Lawsuit
Securing compensation in a personal injury lawsuit requires proving that another party’s negligence caused your injuries. This process requires a thorough understanding of the law and skillful presentation of evidence. The Lawyers of Brown and Roberto excel at building strong cases that demonstrate your right to compensation.
To establish negligence, we must prove four key facts, known as elements:
- Duty of care: The defendant had a legal obligation to act reasonably to prevent harm to others in the given situation.
- Breach of duty: The defendant failed to fulfill their duty of care through negligent actions or inactions.
- Causation: The defendant’s breach of duty directly led to your injuries, establishing a link between their actions and the harm that you suffered.
- Damages: You sustained actual losses, which may include medical expenses, lost wages, pain and suffering, or other quantifiable damages as a result of the defendant’s negligence.
Our attorneys will leverage several pieces of evidence to prove each of these elements and establish your right to fair compensation. This may include medical records, expert witness testimony, surveillance footage, accident reports, and eyewitness accounts. With our comprehensive approach, we will leave no stone unturned in building the strongest possible case on your behalf.
Understanding Comparative Fault Laws in Tennessee
In some cases, liability for a personal injury is not straightforward, and you may share some degree of responsibility for the accident. Under Tennessee’s modified comparative fault law, you can recover damages even if you bear some responsibility for the accident, provided your fault does not exceed 49%. However, your compensation will be reduced by your percentage of fault. For example, if a court determines you were 20% at fault in a car accident and awards $200,000 in damages, you will receive $160,000.
This law marks a shift from Tennessee’s previous contributory negligence law; under the old system, any fault on your part, no matter how small, would have barred you from recovery. The current law, established by the Tennessee Supreme Court in McIntyre v. Balentine, recognizes that accidents often involve complex circumstances with shared responsibility.
To protect your right to full and fair recovery, it is essential to have a Knoxville personal injury lawyer on your side. The Lawyers of Brown and Roberto will work tirelessly to minimize any assignment of fault to you, maximizing your potential compensation. Our attorneys will gather as much evidence as possible to prove that the other party bears primary responsibility for the injuries you suffered.
Steps to Take After an Unexpected Accident
After an accident, your actions can significantly impact your health and legal rights. Taking the right steps immediately and in the following days not only helps protect yourself but also strengthens any potential legal claim. The Lawyers of Brown and Roberto recommend following these essential steps:
- Seek immediate medical attention, even if you feel fine. Some injuries may not show any symptoms right away, and prompt treatment can help prevent dangerous complications. This step also creates a vital medical record for your case.
- Report the accident to the appropriate authorities, depending on the type of accident that you were involved in. For car accidents, call the police. For slip and fall accidents, file an incident report with the property.
- Gather evidence at the scene if it is safe to do so. Take photos of the accident site, your injuries, and any property damage. These visual records can serve as powerful evidence in your case.
- Collect contact information from witnesses and other involved parties. However, when speaking with these parties, avoid discussing fault or making statements that could be used against you later.
- Keep detailed records of all medical treatments, expenses, and how the injury impacts your daily life. This documentation helps quantify your damages and supports your claim for compensation.
- Contact The Lawyers of Brown and Roberto as soon as possible. Our Knoxville personal injury attorneys can guide you through the legal process, protect your rights, and help you avoid common pitfalls that could harm your case.
In the weeks that follow the accident, follow your doctor’s treatment plan carefully. Attend all appointments and adhere to their medical advice. Additionally, refrain from discussing your accident or injuries on social media. Insurance companies and defense counsel may use your posts to dispute your claim, so it is best to keep information about the incident offline.
Speaking of insurance companies, be cautious when speaking with adjusters. They may try to minimize your claim, so let The Lawyers of Brown and Roberto handle these communications on your behalf to protect your rights.
Contact A Knoxville Personal Injury Attorney Today
The Lawyers of Brown and Roberto are passionate about fighting for our clients. We are committed to getting you the best outcome possible in your case and we do not collect legal fees unless we win. Give us a call today at (865) 691-2777 to schedule your free consultation with a Knoxville personal injury lawyer and learn more about how we can help you.
