Knoxville
Personal Injury Lawyer
Mr. Trotz was recognized from 2019-2023 as a Super Lawyers Mid-South Rising Star. Mr. Trotz is also a member of the Young Lawyers Division of the Memphis Bar Association, Memphis Bar Association, Tennessee Bar Association, and the Tennessee Trial Lawyers Association where he serves on the Executive Committee. READ OUR EDITORIAL GUIDELINES
Mr. Trotz was recognized from 2019-2023 as a Super Lawyers Mid-South Rising Star. Mr. Trotz is also a member of the Young Lawyers Division of the Memphis Bar Association, Memphis Bar Association, Tennessee Bar Association, and the Tennessee Trial Lawyers Association where he serves on the Executive Committee. READ OUR EDITORIAL GUIDELINES
Why should I choose NST Law Knoxville Personal Injury Lawyers?
The attorneys at NST Law get results for our clients because of our commitment to our core values, as expressed through our six pillars:
- Compassionate care
- Accessibility
- Resourcefulness
- Trust and transparency
- Personalized service
- Maximized pursuit
We have been helping accident victims for more than 32 years, and our commitment to our clients has never been stronger. Contact us today for a free consultation.
Unintentional injuries interrupt your life and, in many cases, change it forever. In addition to the physical and emotional toll, the financial burden brought on by severe injuries can be overwhelming. Medical expenses can easily reach six figures and surpass annual or lifetime insurance coverage limits at a time when your injuries prevent you from earning an income.
These circumstances can prevent you from receiving the care you need and disrupt your financial security. The attorneys at our Knoxville personal injury law office understand the stress and devastation experienced by those who have sustained serious injuries, and we are dedicated to holding those accountable who carelessly injure others.
Table Of Contents
- What types of compensation are available for Knoxville Personal Injury Cases?
- How long do I have to file a claim for Knoxville Personal Injury cases?
- How is negligence established in Knoxville?
- Personal Injury Cases We Handle
- What is personal injury law in Knoxville?
- Recent Personal Injury Cases
- Is it better to settle or go to trial?
- Knoxville Personal Injury Frequently Asked Questions (FAQs)
What types of compensation are available for Knoxville Personal Injury Cases?
The available compensation varies by the type of personal injury case and the circumstances surrounding your injuries.
Economic damages
The available compensation varies by the type of personal injury case and the circumstances surrounding your injuries.
Economic damages are the objectively verifiable monetary losses brought on by your injuries and include the following:
- Mental and emotional distress
- Post-traumatic stress disorder
- Pain and suffering
- Permanent disability
- Loss of enjoyment of life
Non-economic damages
Non-economic damages are the subjective losses that pertain to your quality of life and include the following:
- Physical and emotional pain
- Suffering
- Inconvenience
- Physical impairment
- Disfigurement
- Mental anguish
- Emotional distress
- Loss of society
- Loss of companionship
- Loss of consortium (relations between spouses)
- Injury to reputation
- Humiliation
- Loss of enjoyment of normal activities, benefits and pleasures of life
- Loss of mental or physical health or bodily functions
Tennessee statutes limit the non-economic damages you can receive to $750,000 unless your injuries are catastrophic pursuant to the statute, in which case you can receive up to $1,000,000. These limits do not apply in cases where any of the following can be established:
- The injury was intentionally inflicted.
- The defendant attempted to evade liability through fraudulent acts.
- The defendant was under the influence of drugs or alcohol while committing the injurious acts.
- The defendant’s injurious behavior has resulted in a felony conviction.
Punitive damages
Punitive damages are only awarded when it can be proven that the defendant inflicted the injuries through conduct that was malicious, intentional, fraudulent or reckless. Punitive damages are limited to the greater of the following:
- Double the total compensatory damages (economic plus non-economic damages), OR
- $500,000
Punitive damages can be awarded in cases involving drunk driving, for example.
How long do I have to file a claim for Personal Injury Cases in Knoxville?
The statute of limitations for most personal injury claims is one year. Workers’ compensation injuries must be reported to your employer within 15 days of the injury. Regardless of the time, it is important to contact an attorney as soon as possible after your injury. This will give your attorney sufficient time to investigate and prepare your case ahead of deadlines.
How is negligence established in Knoxville?
Personal injury law requires the plaintiff to prove that the injury occurred as the result of negligence by the other party.
Negligence is a failure to exercise a level of care that would be expected of a reasonable individual under the circumstances. To establish negligence, the plaintiff must prove the following four elements:
- Duty. The defendant owed the plaintiff a duty of care.
- Breach of duty. The defendant violated that duty through overt acts or omissions or inaction.
- Sufferance of an injury. The plaintiff sustained a verifiable injury.
- Proximate cause: The breach of duty and not something else caused the injury.
Knoxville Personal Injury Cases We Handle
NST Law handles a variety of cases, but the types of cases we see most often are discussed below.
Knox County drivers experienced 13,004 crashes in 2021, including 2,886 crashes that resulted in injury and 77 with fatalities. As many as 376 crashes were caused by drunk driving and 1,051 by distracted driving.
It only takes one second of inattention or poor judgment to cause an accident that permanently alters a life. Our Knoxville car accident attorneys can offer a detailed investigation into your accident to identify all liable parties and refute initial findings of fault that work against you.
Three major interstates pass through Knoxville: Interstate 40, Interstate 640 and Interstate 75. This makes the Knoxville area a major truck route. Unfortunately, trucking accidents are on the rise in the United States.
In Knox County alone, 1,018 accidents involving large trucks occurred in 2021, resulting in 187 fatalities. The majority of these accidents occurred in urban areas on interstates, at intersections and on municipal roads. The driver behaviors precipitating these accidents are similar to other motor vehicles.
Truck drivers owe other drivers an extra duty of care because the excessive size and characteristics of their vehicles pose greater injury potential to other drivers in the event of a collision.
Knoxville provides a beautiful setting for motorcycle enthusiasts and is surrounded by numerous motorcycle routes. Home to 27,288 licensed motorcyclists, Knox County bikers were involved in 164 crashes in 2021.
Motorcycle riding is hazardous due to the smaller size of motorcycles compared to automobiles and their lack of crash protection. Drivers often fail to watch for motorcyclists, and the results are often deadly. Motorcyclists have a legal right to use the roadways, and drivers have a duty of care to watch for them.
What is personal injury law in Knoxville?
Personal injury law establishes civil remedies for injuries caused by the negligence of others. Personal injuries usually involve some type of bodily harm, but some personal injuries are less tangible. These include such injuries as the following:
- Mental and emotional distress
- Post-traumatic stress disorder
- Pain and suffering
- Permanent disability
- Loss of enjoyment of life
Our Recent Personal Injury Cases
We work tirelessly to ensure our clients recover the compensation they need to restore their lives to the fullest extent possible. Below are just a few examples of recent results we have achieved on behalf of our deserving clients:
- $1.8 million for a 61-year-old woman who suffered catastrophic injuries in an automobile wreck caused by an industrial forklift
- $2.2 million for a client severely injured in an automobile accident in a construction zone
- $6.3 million for the wife of a 65-year-old man who died after being rear-ended by a tractor-trailer going 63 miles per hour
- $2.7 million for a 33-year-old woman catastrophically injured in a four-vehicle wreck
- A confidential settlement of more than $1,000,000 for a couple injured in a motorcycle crash when a driver turned left in front of them
- $970,201.58 on behalf of a client who suffered a permanently disabling severe ankle injury at work, a verdict that was upheld on appeal
- $700,000 on behalf of a man who suffered severe injuries when a tree fell on him
- Pedestrians and bicyclists
As many as 101 pedestrians and 20 bicyclists in Knox County were involved in vehicle crashes in 2021. These non-motorists have the legal right to use the roads and cross at intersections, and drivers have a legal duty to watch for them.
Occupational injuries are handled differently from other personal injuries because compensation is most often claimed through workers’ compensation.
Workers’ compensation is a no-fault system that provides medical treatment and partial wage replacement to injured workers. The advantage of this system is it provides fast relief for workers without the need to prove negligence by the employer.
Most Tennessee employers are required to carry workers’ compensation. To qualify for workers’ compensation, you must be an employee who is injured on the job. Employees eligible for workers’ compensation are not entitled to sue the employer for non-economic or punitive damages. Independent contractors and others who do not qualify can file a personal injury lawsuit.
Employers are not always cooperative with employees who claim workers’ compensation. Our workers’ compensation attorneys can help you file your claim or appeal if you have been denied. We can also help you identify third parties that you could sue for additional damages, including non-economic and punitive damages. We also offer help with Social Security Disability claims.
Unintentional injury is the third leading cause of death in Knoxville, accounting for 334 deaths per year, or 7.6 percent of all deaths, third only to heart disease and cancer. This is higher than the national average of 5.9 percent. The most common unintentional injuries are poisoning, motor vehicle accidents and falls.
Losing a loved one is perhaps the most devastating experience humans face. While no amount of financial compensation can make up for such a loss, it can alleviate financial stress and provide the family with a sense of justice.
Immediate family members have the right to claim economic, non-economic and punitive damages for wrongful death, or death benefits if the death occurred on the job. Our wrongful death attorneys can help your family hold any party accountable whose negligence caused the death of your loved one.
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Is it better to settle or go to trial?
Settling a case is usually preferable for all parties involved because the process is faster and it removes the uncertainties of litigation. Litigation requires more preparation and adds risk for both parties.
However, litigation is preferable when the at-fault party refuses to offer a reasonable settlement. Our attorneys are experienced litigators. We are unafraid to present your case to a jury if that is what it takes to win you the compensation you need and deserve.
Knoxville Personal Injury Frequently Asked Questions (FAQs)
Below are answers to the questions we most often receive.
What is the upfront cost to hire a personal injury attorney?
Can I receive compensation if I am partially at fault?
Tennessee is a modified comparative negligence state. This means you can receive compensation as long as you are not 50 percent or more at fault. Your compensation will be adjusted proportionately.
What should I do if the insurance company contacts me?
Always direct the insurance company to your attorney without comment. Insurance adjusters are paid to minimize compensation by making the accident appear to be your fault, minimizing the impact of your injuries or pressuring you to prematurely accept a low-ball settlement.
How long does it take to receive compensation?
The length of time depends on the type of case and the degree to which the at-fault party resists accepting responsibility. Our lawyers work hard to resolve your case as efficiently as possible while still doing everything we need to get the job done right.
What if my injuries prevent me from coming to your office?
We specialize in working with injured individuals, and we are pleased to come to you if you cannot come to us. We can visit you at a hospital in Knoxville, a care facility, or your home. We are also available via phone, e-mail, or Zoom.
Contact us for a free consultation now so that we can review your case and decide how we can best help you.