If you have been injured in an accident that was not your fault, you may be wondering if you have a case. The best way to find out is to speak with a Knoxville personal injury lawyer.
At Hotz and Associates, we have over 40 years of experience helping people like you get the compensation they deserve. We understand that this is a difficult time, and we will do everything we can to make the process as easy as possible for you. We offer a free consultation to discuss your case, so call us at (865) 637-9000 today. We look forward to helping you get the justice you deserve.
Our Practice Areas
Our Knoxville Personal Injury Lawyers handle a vast array of cases, including:
- Auto Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Dog Bite Injuries
- Slip and Fall Injuries
- Products Liability
- Medical Malpractice
And many more.
We are highly experienced in assessing fault and building strong legal cases on behalf of our clients. Whether your injury occurred on private, public, or on government property, we will work tirelessly to get you the compensation you deserve. We also represent clients in wrongful death cases.
Determining Fault in a Knoxville Personal Injury Accident
To prove that the other party is liable for your injuries, your Knoxville personal injury lawyer will need to establish fault.
Some common factors that are looked at in personal injury cases include:
- The parties involved in the accident
- The severity of the injuries
- The type of accident
- The amount of property damage
- Witness statements
- Police reports
- Photos and videos of the scene
Fault is not always black and white. There may be instances where more than one party shares in the blame for an accident. This is why it is important to have an experienced lawyer on your side who can navigate these tricky waters.
To prove liability, your lawyer will likely need to establish some or all of the following:
- The other party was negligent: This means that they did not take the necessary precautions to avoid the accident. For example, if they were driving too fast for conditions or failed to yield to oncoming traffic, they may be considered negligent.
- The other party was reckless: In some cases, an accident may be caused by recklessness. This is when a person knows that their actions could lead to an accident, but they choose to do it anyway.
- The negligence led to the accident: This is the key factor in most personal injury cases. It must be proven that the other party’s negligence was the direct cause of the accident and your injuries.
- You suffered damages as a result of the accident: This could include medical expenses, lost wages, pain and suffering, and more.
The Potential Impact of Comparative Fault in Tennessee
Comparative fault is a legal doctrine that assigns percentages of fault to each party involved in an accident. This can significantly impact the outcome of a case, particularly in states that follow a modified comparative fault rule.
In Tennessee, the modified comparative fault rule applies. This means that a plaintiff can recover damages as long as they are less than 50% at fault for the accident. If the plaintiff is more than 50% at fault, they are not entitled to any damages. This can be a significant advantage for defendants in Tennessee. If the defendant is only marginally at fault they can escape liability by pointing the finger at the plaintiff.
Comparative fault can also impact wrongful death cases. If the decedent was more than 50% at fault, the family will not be able to recover damages. While comparative fault can impact injury cases, it is important to remember that it is just one factor that the court will consider. There are many other factors that will be taken into account, such as the extent of the injuries and the defendant’s negligence.
If you have been injured in an accident, speak with a lawyer who can advise you on your legal options. The personal injury lawyers at Hotz and Associates are experienced in handling injury cases in Tennessee. We will work to get you the best possible outcome for your case.
The Statute of Limitations for Personal Injury Claims
In Tennessee, the statute of limitations for personal injury claims is one year. This means that you must file a lawsuit within one year of the date of the injury, or you will lose your right to sue. Although there are a few exceptions to this rule. If you are injured, it is important to seek legal advice as soon as possible so that you can understand your rights and protect your interests.
A Knoxville Personal Injury Lawyer Could Provide Effective Representation
Having a personal injury lawyer on your side can make a big difference in the outcome of your case. They will achieve this through:
Helping You Understand the Legal Process
A personal injury lawyer will help you understand the legal process and what to expect. This includes explaining your rights and options, as well as keeping you updated on the progress of your case.
Your lawyer will collect evidence to support your case and build a strong argument on your behalf. This may include obtaining medical records, witness statements, and photographs of the accident scene.
Your lawyer will know what evidence to present in court and how to argue your case persuasively. This can make all the difference in getting a fair settlement.
Negotiating for a Fair Settlement
Since insurance companies are often unwilling to pay out large sums of money, your lawyer will negotiate on your behalf to get the best possible settlement.
Representing You in Court
If the case goes to trial, your lawyer will represent you in court and argue your case before a judge or jury.
Throughout the legal process, your lawyer will provide support and guidance. They will be there to answer any questions you have and help you through the tough times.
Reasons to Choose Hotz & Associates as Your Personal Injury Attorneys
- We only get paid if you win: We only get paid if we win your case, so we have a personal interest in seeing that you receive maximum compensation.
- We have more than 40 years of experience: With our firm’s track record, you can trust that we know what we’re doing.
- We offer free consultations: We understand that deciding to hire a lawyer can be difficult, so we offer free consultations so that you can get to know us and find out if we’re the right fit for you.
- We treat clients like family: You are not just a case to us; you are a person we care for and want to help.
- We prepare every case for trial: We prepare every case as if it may end up in a trial so that the insurance company knows we are serious about getting you the best possible outcome.
- We have the resources to take on even the biggest cases: We don’t back down from a challenge.
- We earn maximum compensation for your personal injuries: From our extensive history of favorable verdicts and settlements to our aggressive negotiating tactics, we are always working hard to get you the most money possible.
- We are available 24/7: You can contact us anytime, day or night, for a free consultation.
Common Types of Personal Injury Claims
There are many different types of personal injury claims, but some of the most common include:
- Car Accident Claims: Commonly the result of someone else’s negligence, car accident claims can include injuries such as whiplash, broken bones, and even death.
- Slip and Fall Claims: These claims arise when someone slips or falls on someone else’s property due to a dangerous condition, such as a wet floor or an icy sidewalk.
- Medical Malpractice Claims: When a doctor, nurse, or other medical professional makes a mistake that results in harm to the patient, a medical malpractice claim may be filed.
- Product Liability Claims: These claims are filed when a defective product injures someone. The product may have a design flaw, or there could have been mistakes made during manufacturing.
- Dog Bites: This type of claim is filed when a person is bitten or attacked by a dog. In some cases, the dog’s owner may be liable for the victim’s injuries.
- Nursing Home Abuse: Nursing home abuse can take many forms, such as physical abuse, emotional abuse, sexual abuse, and neglect. When a loved one is injured or killed due to nursing home abuse, a claim can be filed against the nursing home.
Potential Damages in a Knoxville Personal Injury Lawsuit
While the specifics of every case vary, some general types of damages may be available to you. These are mainly compensatory damages and punitive damages.
Compensatory damages are intended to make up for the losses you have suffered as a result of the accident. These are classified as either economic or non-economic damages.
Economic Damages for Personal Injuries
Economic damages are out-of-pocket expenses you have incurred as a result of the accident. These include:
- Medical Expenses: This includes current and future medical expenses related to the accident. If you have not yet incurred any expenses but are likely to in the future, these can also be included.
- Lost Wages: If you had to take time off from work as a result of the accident, your lost wages can be included in economic damages. This covers both current and future lost wages.
- Lost Earning Capacity: If your injuries have caused you to lose the ability to earn the same amount of money you did before the accident, you can include this in economic damages.
- Cost of Domestic Services: If you have had to hire someone to help you with household tasks that you were previously able to do yourself, the cost of those services is part of your economic damages.
Noneconomic Damages for Personal Injuries
Noneconomic damages are intended to compensate you for non-monetary losses suffered as a result of the accident. These can include:
- Pain and Suffering: This includes both physical and emotional pain and suffering.
- Loss of Consortium: When an accident has caused you to lose the companionship of your spouse.
- Emotional Distress: If you have suffered emotional distress as a result of the accident.
- Physical Impairment: If the accident has caused you to suffer a physical impairment.
- Loss of Enjoyment or Reduced Quality of Life: This means that your injuries caused you to lose some aspect of your life that you enjoyed prior to the accident.
Punitive damages are sometimes awarded in cases where the defendant’s actions were particularly egregious or reckless. They are intended to punish the defendant and deter similar behavior in the future.
While the specifics of every case vary, some general types of damages may be available to you.
How do you choose the best personal injury lawyer for your needs?
When choosing a personal injury lawyer, it is important to consider several factors. Be on the lookout for:
Does your lawyer have experience in personal injury law? How many years has your lawyer been practicing law? What is the lawyer’s success rate in personal injury cases?
The more experience your lawyer has, the higher the chance that they will be able to secure a successful outcome for your case.
What is your lawyer’s reputation like? Are they known for being aggressive in the courtroom? Do they have a proven track record of success with personal injury cases?
It is important to have a lawyer who has a good reputation and can be trusted to handle your case effectively.
How much are you going to have to pay your lawyer? Some lawyers charge on an hourly basis,depending on the type of case. But some may also work on a contingency basis. Make sure you understand how your lawyer will be paid and the estimated cost of representation.
These are just a few things to consider when choosing a personal injury lawyer. By taking the time to research and ask the right questions, you can ensure that you find the best lawyer for your needs.
How does a personal injury claim work?
A personal injury claim is a process of seeking compensation for injuries or losses caused by another person or organization. The claim can be made with an insurance company, the person or organization at fault, or both.
This involves several steps:
- Open up a claim: You first need to open up a claim with the insurance company. This can be done by contacting the company or visiting their website. You will likely need to provide information about the accident, such as when and where it occurred.
- Gather evidence: Next, you will need to gather any evidence related to the accident. This can include photos of the scene, medical bills, and witness statements.
- Negotiate a settlement: The insurance company will likely try to negotiate a settlement with you. This is an agreement where you receive a certain amount of money in exchange for resolving the claim.
- File a lawsuit: If the settlement offer is unsatisfactory or the insurance company does not respond, you may need to file a lawsuit. This is a legal process where you ask a court to order the other party to pay you compensation.
- Receive compensation: If the case is successful, you will likely receive a monetary award. This can be used to cover any expenses related to the accident, such as medical bills or lost wages.
How Personal Injury Cases Differ from Other Legal Cases
First, personal injury cases involve injuries that occur as the result of an accident or incident.
Second, in personal injury cases, the injured person can seek damages for economic and noneconomic losses. Economic losses include things like medical bills and lost wages. Non-economic losses include things like pain and suffering.
Third, personal injury cases are typically decided through a settlement or trial. A settlement is an agreement between the two parties in which the injured person agrees to receive a certain amount of money in exchange for dropping the case.
Personal injury lawyers specialize in representing injured people. This means that they have experience dealing with the unique challenges of personal injury cases. Plus, personal injury lawyers typically work on a contingency basis. This means they do not get paid unless the injured person recovers damages.
Get In Touch With a Knoxville Personal Injury Lawyer
The lawyers at Hotz and Associates are experienced in representing people who have been injured in accidents. We offer a free consultation so that you can learn more about your legal options.
Contact us today to get started. Call (865) 637-9000 now.
Personal Injury Questions and Answers