Knoxville Car Accident FAQs
Have You Been Injured in a Car Accident in or Around Knoxville?
Being involved in a car wreck is never a pleasant experience. Many collisions happen in the blink of an eye, with little or no time to prepare for what is about to happen. Just like that, your life can change in a split second, and you will be left dealing with the aftermath. Nahon, Saharovich & Trotz is the largest plaintiff’s personal injury law firm based in Tennessee, and our Knoxville car accident attorneys are dedicated to fighting for the rights of people hurt through fault of your own. If you or a loved one has been injured in wreck, here are questions that could be on your mind.
Q: What is my car accident case worth in Knoxville?
A: When it comes to car accidents in Knoxville, attorneys will tell you that every case is different. What a case is worth can depend on multiple factors. Some of the most important factors that affect the value of a motor vehicle accident case are your injuries, medical bills, and the type of medical treatment you receive. The facts of an accident can also come into play. For example, if you were hit by a drunk driver on Cumberland Avenue, a jury could view the defendant’s conduct of driving while intoxicated harshly and award you additional damages. Regardless of how your wreck happened, you should consult with a car accident lawyer in Knoxville who can conduct a full investigation and identify all you may be able to recover under the law.
Q: Should I get medical treatment after a car accident?
A: If you suffer injuries after an auto accident, you should obtain medical treatment. Some injuries, such as broken bones, scarring, and traumatic brain injuries, can be obvious and apparent. Other injuries may take time before their full extent is known. In the Knoxville area, people injured in car accidents often seek medical attention at facilities such as Parkwest Medical Center, Fort Sanders Regional Medical Center, UT Medical Center, and Blount Memorial Hospital. Without medical records supporting your injuries, it could be difficult to prove your symptoms and conditions were caused by the crash.
Q: How long do I have to file a car accident claim in Tennessee?
A: In Tennessee, the statute of limitation for a car accident case is generally one year from the date of the accident. For minors, the statute of limitation can expire one year after reaching the age of majority. You should consult with a Knoxville lawyer as soon after an accident as possible, as it will be important to identify all potentially responsible parties. For example, if you were hit by a corporate vehicle, the employer may be held responsible through the legal theory of vicarious liability. In any case, it is critical to identify all parties that may potentially be at fault.
Q: Who do I pursue to recover for my losses?
A: To recover for your losses, you may pursue the at-fault driver. In some circumstances, the vehicle owner could be responsible. This is common when someone is hit by a corporate vehicle. In those situations, the company could be vicariously liable for its driver’s negligence, as long as the driver was within the course and scope of employment. When you pursue a claim against another driver, it is important to locate the applicable insurance company that will end up financially covering your damages.
Q: If the accident was partially my responsibility, can I recover damages in Tennessee?
A: In Tennessee, you may be able to recover damages, even if the accident was partially your responsibility. Tennessee law follows the doctrine of modified comparative fault. This means if any fault is placed on you for an accident, your overall recovery will be reduced accordingly, provided that you were not at least 50% or more at fault for the collision. For example, if the facts suggest you were 10% at fault, your total recovery would be reduced by 10%.
Q: After a car accident in Knoxville, what do I need to prove to succeed?
A: To succeed in a car accident case in Knoxville, you will need to prove the other driver’s negligence. Negligence, in Tennessee, is a legal theory designed to measure whether someone acted reasonably under the circumstances. If another driver breached his or her duty to drive safely, he or she may be found negligent and liable for your damages. In Knoxville and Knox County, common examples of negligence include drunk driving, texting while driving, speeding, distracted driving, and failing to maintain a safe lookout. Sources of independent evidence, including witness statements, can go a long way towards satisfying your burden of proving negligence.
Q: Will my case automatically go to court?
A: A Knoxville car accident case will not automatically go to court. When you hire an attorney, he or she will often begin by conducting a thorough investigation of the accident, contacting witnesses, identifying relevant evidence, and monitoring your medical treatment. When you are released from the doctor, your medical bills and records can be obtained, where the next step could be seeking to negotiate a fair settlement. When considering a law firm in Knoxville, ask if they have the time, experience, and resources to file a lawsuit in the appropriate jurisdiction.
Q: What if I can’t afford to pay a lawyer to represent me for my car accident case?
A: If you can’t afford to pay a lawyer to represent you for your car accident case, our law firm handles cases on a contingency fee basis. This means no attorney fees are owed up front. Instead, attorney fees are based on a percentage of your recovery and paid when your case is resolved by settlement, verdict, or judgment. We understand car accident victims can face financial hardship in terms of lost wages, car expenses, and medical bills, and we want to help alleviate that burden to allow our clients to get back on their feet as quickly as possible.
Q: Should I accept a check from the person who caused the accident or their insurance company?
A: If you were hurt in a car accident in the Knoxville area, you should not accept a check from the person who caused the accident or their insurance company without first consulting with a lawyer. Accepting a check after an accident could be construed as a settlement and final release of all claims, which means all of your damages may not be covered. Before accepting any money or signing any documents, you should consult with an experienced personal injury attorney in Knoxville who can explain your rights and properly advise you.
Our Knoxville Office Is Available for a Free Consultation Today
For a free consultation about your case with a Knoxville lawyer, call us at 800-529-4004 or complete our online contact form. Each and every day, we fight for the rights of injured auto accident victims throughout Tennessee and surrounding areas. We take great pride in helping clients make it through difficult times, and we work hard to keep clients updated throughout their case. To speak with a car accident lawyer in our Knoxville office, contact NST Law today.