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Knoxville Brain Injury Lawyer
At NST Law, we are dedicated to helping injured individuals and their families get the justice and compensation they deserve.
Expertise
Mr. Trotz has handled injury cases involving auto accidents, slip and fall, premises liability, and negligent security. Every day, Mr. Trotz represents those who have been injured and many of his clients have sustained traumatic and life-altering injuries.
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Brain injuries can lead to both short- and long-term complications that disrupt a person’s ability to work or enjoy daily life. Victims may struggle to concentrate due to headaches or memory loss, and activities like shopping, camping, or attending church may become difficult or impossible because of dizziness, poor coordination, or seizures.
If someone else’s actions caused your brain injury, you have the right to seek compensation for your financial and emotional losses. Our award-winning Knoxville brain injury lawyers at NST Law can assist you by building a strong, evidence-based claim and calculating and pursuing fair damages.
- What Are the Main Causes of Brain Injuries?
- Who Is Liable for a Knoxville Brain Injury Case?
- What Are Common Symptoms of Brain Injuries?
- How Can You Prove a Knoxville Brain Injury Case?
- What Damages Can I Get Compensation for in a Knoxville Brain Injury Case?
- What Is the Statute of Limitations To File a Knoxville Brain Injury Claim?
- How Can Our Knoxville Brain Injury Lawyers Help Your Case?
- Contact NST Law Today for a Free Consultation
What Are the Main Causes of Brain Injuries?
Brain injuries can happen to anyone, whether at home, at work, or while out running errands. They often result from car accidents, unsafe property conditions, or medical errors in hospitals.
Some common causes of brain injuries include:
- Falls, such as on a poorly maintained property
- Medical mistakes, including misdiagnoses and birth injuries
- Motor vehicle accidents that lead to blunt trauma and other harm
- Assaults, such as an attack in an unlit parking lot
- Explosions, such as those from defective propane tanks or appliances
Brain injuries can cause both primary and secondary damage. Primary damage occurs at the moment of impact and is typically immediate and complete. Secondary damage develops over time and may involve cellular, tissue, or chemical changes within the brain. For instance, a car accident might cause a primary brain contusion that later leads to secondary swelling, known as edema.
Who Is Liable for a Knoxville Brain Injury Case?
How and where your brain injury occurred, and the laws surrounding various types of personal injury cases, determine who may be liable for your damages. Parties that might be responsible include:
- A negligent driver in a motorcycle, pedestrian, car, or truck accident claim
- The employer of a negligent driver
- A subcontractor or another party for some workplace accidents
- A manufacturer or seller in a product liability claim
- Medical providers in a medical malpractice claim
- A property or business owner in a premises liability lawsuit
- A government agency, for a crash with a government vehicle, or a fall on government property
More than one party may be liable for your damages, and a respected Knoxville brain injury lawyer can help figure out who should be named in your claim.
What Are Common Symptoms of Brain Injuries?
Brain injury symptoms depend on severity and may be physical, sensory, or cognitive. Below are some of the main symptoms of brain injuries.
- Mild brain damage symptoms:
- Headache
- Nausea and vomiting
- Speech problems
- Loss of balance or dizziness
- Drowsiness or fatigue
- Light sensitivity
- Sensory issues, such as ear ringing or blurred vision
- Mood changes
- Difficulty falling asleep or sleeping more than usual
- Memory problems
- Severe brain damage symptoms:
- Persistent headaches
- Loss of consciousness
- Ongoing nausea and vomiting
- Seizure or convulsions
- Loss of coordination
- Numbness or weakness in toes and fingers
- Pupil dilation
- Slurred speech
- Coma
- Extreme confusion
- Agitation or combativeness
How Can You Prove a Knoxville Brain Injury Case?
To win damages in most brain injury claims, you must show that the defendant acted intentionally or negligently. To prove negligence, you must demonstrate that the other party had a duty to protect you, breached that duty, that their actions caused your injuries, and that you suffered damages as a result.
Drivers have a duty to drive responsibly, doctors must provide you with a reasonable standard of care, and property owners must take reasonable actions to protect you against injuries. Evidence used to prove their liability and your damages may include:
- Police reports
- Photos and videos
- Vehicle black box data
- Witness testimony
- Expert testimony from medical professionals, financial experts, and others
- Accident reconstruction
- Property maintenance records
- Medical bills
- Wage statements and proof of missed work
- Mental health diagnoses
- Testimony of emotional trauma from family, friends, and coworkers
A brain injury can impact your life in many ways. You may be unable to work or enjoy activities you used to engage in due to symptoms such as a lack of coordination, persistent headaches, or seizures. Your evidence must address each harm so that an insurance company or jury understands how your life has changed due to the defendant’s actions.
How To Gather Evidence for a Brain Injury Claim
Keep all medical and mental health documentation related to your brain injury. Start a journal with daily updates on pain levels and other impacts of your brain injury on your life. It isn’t easy, but make your journal personal, explaining in words rather than lists what is happening in your life due to your brain injury.
If you need one, you can request a crash report through the Tennessee Department of Safety & Homeland Security or request a Knoxville accident report.
An experienced brain injury lawyer in Knoxville can assist you in gathering evidence that is harder to obtain, such as vehicle black box data, property maintenance records, or expert testimony. The defendant often holds this type of crucial evidence, and is unlikely to surrender it unless legally compelled to do so.
What Damages Can I Get Compensation for in a Knoxville Brain Injury Case?
In a brain injury claim, you can pursue economic damages for your financial losses and non-economic damages that compensate you for the emotional and personal impacts of your brain injury.
Damages you can seek include:
- Past and future medical bills
- Lost wages and future earnings
- Rehabilitation costs
- Home nursing and other aide care
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
Tennessee does not cap economic damages, but under T.C.A. § 29-39-102, the state caps non-economic damages for most claims at $750,000. Plaintiffs with catastrophic injuries can recover up to $1 million in non-economic damages.
The state also allows punitive damages in limited cases under T.C.A. § 29-39-104. You must prove with clear and convincing evidence that the defendant’s actions were intentional, malicious, fraudulent, or reckless. The state imposes a cap on punitive damages, which is either twice the compensatory damages or $500,000, whichever is higher.
What Is the Statute of Limitations To File a Knoxville Brain Injury Claim?
Under T.C.A. § 28-3-104, the statute of limitations for personal injury lawsuits in Tennessee is one year from the date of your injury. If you fail to file your claim on time, you may lose your right to pursue compensation in the courts, and insurance companies lose their incentive to settle.
Gathering evidence and proving liability and damages in a brain injury claim takes time, so use that one year wisely. Consult an experienced brain injury lawyer in Knoxville immediately, so they can begin investigating well before your deadline to file a lawsuit.
How Can Our Knoxville Brain Injury Lawyers Help Your Case?
Our personal injury law firm has represented thousands of accident victims for over 35 years, recovering billions on behalf of our clients and their families. Things our compassionate, skilled attorneys do for our clients include:
- Recommending medical care, including at the best hospitals in Knoxville
- Meeting you at your home, our Knoxville office, in the hospital, or wherever you need us
- Analyzing laws, such as those around driving in Knoxville
- Collecting evidence and building a strong case
- Calculating damages to determine how much your brain injury case is worth
- Talking to doctors and insurance companies
- Negotiating fair settlements
- Going to court when necessary
Contact NST Law Today for a Free Consultation
Brain injuries can have a severe, sometimes life-long impact on victims’ lives. You don’t deserve the additional burden of fighting alone against negligent defendants and their insurance companies. Partner with our Knoxville personal injury lawyers to leverage our resources, experience, and commitment to justice on your behalf.
If you or a loved one has been injured, act quickly to protect your rights and file your claim before it’s too late. Call today for a free consultation at 865-684-1000 or complete our online form.
