Knoxville, TN Personal Injury Lawyers

Dedicated legal counsel when victims need it most

A personal injury can drastically change your life in an instant. You may not be able to work for quite some time, dealing a devastating financial blow to you and your family. It’s likely you will incur significant medical bills both now and into the future. Many victims also have intense pain and suffering throughout their recovery.

Fortunately, you have the right to seek compensation from the party that caused your injury. The first step is to speak with an experienced law firm that works for your best interests from day one. In Knoxville, that firm is Banks & Jones, Attorneys at Law.

Why choose Banks & Jones?

Choosing the right personal injury lawyer in Knoxville to represent you is a major decision. The attorney you hire can make a difference in the outcome of your case, which in turn could have substantial effects on your finances, your future, and your quality of life.

At Banks & Jones, we know what is at stake. When a client hires us for their personal injury needs, we treat them the same way we would want to be treated if we were the victim. We immediately get to work on your case by:

• Taking your case on a contingency basis
• Thoroughly investigating the facts concerning the accident
• Identifying the parties that may be liable for your injury
• Obtaining evidence that points to liability
• Communicating with the at-fault parties’ insurance companies
• Representing you during mediation to try to reach a settlement
• Hiring expert witnesses who can give valuable testimony in support of your case
• Determining a fair dollar value of all of your damages
• Settling the case and avoiding the time and hassle of trial, if possible
• Taking your case to trial if the at-fault parties refuse to settle for a fair amount

We understand the apprehension and uncertainty you are likely facing, which is why we also take the time to answer common questions and concerns that accident victims have. Speak with a Knoxville personal injury lawyer to learn more about how we can serve you.

Types of Knoxville personal injury cases we handle

“Personal injury” broadly refers to negligent or intentional acts or omissions that inflict physical, psychological, and emotional harm on others. Many different types of cases fall under this area of law. Banks & Jones represents the victims of:

• Car accidents: Some of the most common causes of car accidents include driving while impaired, distracted driving, and speeding. There are also cases in which problems with the vehicle, like a manufacturing defect, cause a crash.
• Truck accidents: Because of the size and weight of these large vehicles, accident injuries are often catastrophic. The victim may suffer permanent disability and, with it, substantial lost future income and benefits.
• Motorcycle accidents: A motorcycle accident victim can suffer severe injuries, even with a helmet, due to the lack of a steel frame and airbag. Insurance companies are also sometimes biased against victims and may be unwilling to settle fairly.
• Defective consumer products: Appliances, children’s toys, and other household products can have manufacturing or design defects that make them harmful to consumers. They may also lack suitable warnings.
• Medical malpractice: Medical malpractice is more than a mistake. A doctor must have committed an unreasonable error that deviates from the accepted standard of care. Talk to our Knoxville injury attorney about your legal options.
• Birth injuries: The birth of a child should be a moment of joy, not tragedy, for the parents. Birth injuries like cerebral palsy, brain injury, and other problems often point to medical negligence.
• Nursing home neglect and abuse: Families trust nursing homes and assisted living facilities to provide exceptional care for their aging parents. When they fall short of this, the victim may have legal recourse.
• Hunting accidents: Victims of hunting accidents can suffer traumatic brain injury, paralysis, and sometimes death. Our firm advocates for victims who have catastrophic injury claims against negligent hunters.
• Premises liability: Property owners and managers in Tennessee have a legal duty to keep their premises free of unreasonable hazards to guests and visitors. Failure to do so can leave a victim with significant injuries.
• Construction accidents and workplace injuries: Although you may have the right to file a workers’ compensation claim, you might also be able to file a third-party injury claim against a contractor or other party. This may allow you to seek additional compensation.
• Wrongful death claims: If the victim dies from their injuries, eligible survivors can file a wrongful death lawsuit to seek damages like funeral and burial expenses. In Tennessee, the eligible survivor is usually a spouse, child, or next of kin.

Elements of a Tennessee personal injury case

To prevail in a Tennessee personal injury lawsuit, the victim has the obligation of proving four basic elements. Reach out to an accident attorney in Tennessee to discuss how you can demonstrate the following:

• Duty of care: This refers to the legal duty that individuals have to avoid engaging in behavior that has a foreseeable risk of causing injury to others. For example, anyone who drives has a duty to obey traffic laws so they don’t get into an accident.
• Breach: A breach is any violation of the duty of care. Using the car example, it would include negligent acts or omissions like speeding or drunk driving. It can also include intentional misconduct.
• Causation: The breach must cause the victim’s injury, and this issue can be more complicated when multiple at-fault parties are involved. Your Tennessee injury lawyer will need to show how each one contributed to the injury.
• Damages: Finally, the victim should be prepared to prove they suffered financial and personal losses due to the accident. The lawsuit will seek monetary compensation, known as damages, to account for these losses.

Damages available in Knoxville personal injury cases

Every personal injury case varies both in the nature and amount of compensation that the victim can ask for in a lawsuit. Talk to one of our experienced attorneys about the damages to which you may be entitled. Common examples include:

• Medical expenses: Medical bills after accidents tend to be the highest category of financial losses and can include hospitalization, surgery, and much more. Victims can also claim damages for reasonably expected future expenses.
• Lost wages: A victim won’t be able to work while they are recovering, so they can include the value of their lost wages. They can also request damages for decreased earning capacity if they cannot return to their former career or level of productivity.
• Non-economic damages: This broad category includes intangible and subjective losses like pain and suffering, emotional distress, and permanent disability. In most Tennessee personal injury cases, non-economic damages are capped by law under TN Code § 29-39-102 (2024) at $750,000 (or $1 million for catastrophic injuries).
• Wrongful death damages: In a wrongful death lawsuit, certain damages like loss of financial support, the victim’s final medical bills, funeral and burial costs, and loss of companionship may be available.

Will my case settle or go to trial?

Personal injury lawsuits are typically resolved in one of two ways: trial or settlement. There are various complex factors that determine the course and outcome of an injury claim, such as:

• The severity of the victim’s injuries
• Whether the victim is expected to need future treatments or long-term care
• The ability of the victim to work after the injury
• How many at-fault parties are involved
• The strength of the evidence
• The willingness of the parties and their insurance companies to settle
• The quality of legal counsel representing the parties

Most victims attempt to settle their cases through mediation or other negotiations among the parties. The decision of whether to accept a final settlement offer or continue litigation is a personal one that you will need to make in concert with a dedicated injury lawyer.

Banks & Jones has successfully litigated and settled numerous injury cases on behalf of our clients. These are just a few highlights:

• $1.5 million mediated settlement in Knox County car accident case
• $8.1 million verdict in wrongful death lawsuit
• 7-figure settlement (confidential) in car crash lawsuit

Although prior results do not guarantee future outcomes, they do attest to our client-focused commitment to providing personalized legal service from start to finish. But don’t take our word for it. Read some of our testimonials to learn how we have served accident victims just like you.

Is there a Knoxville injury law firm near me?

Banks & Jones is headquartered at 2125 Middlebrook Pike, Knoxville, TN 37921. Located just west of the intersection of Middlebrook Pike and Western Avenue, our office can be conveniently accessed by major routes throughout the city. We are about two miles from I-40, which makes regional travel easy.

Some nearby local landmarks and places of interest include the University of Tennessee, Knoxville; the historic Middlebrook area; and the Western Avenue commercial corridor. We are west of downtown Knoxville and are proud to serve injury clients throughout the region.

Frequently asked questions for Tennessee personal injury lawyers

What is comparative fault in Tennessee?

Not all injuries are black and white in terms of fault. There are some cases in which the victim played some role in causing the accident. For example, a victim may have been struck by a speeding car while turning left but also failed to use a turn signal and made an irresponsible judgment about how close the oncoming vehicle was.

In cases like this, comparative fault may apply. This means the court will assign a percentage of fault to the victim and then reduce their damages accordingly. For example, a court may decide the victim was 20% at fault. If the damages had been $100,000, they would have been lowered by 20% ($20,000) for a total of $80,000.

Under Tennessee’s comparative fault rules, a victim can recover as long as they are less than 50% at fault for the accident. If the victim is 50% or more liable, they cannot recover anything.

How much time do I have to file a lawsuit?

Most personal injury victims in Tennessee must file a lawsuit within one year of the accident or injury due to a deadline known as the statute of limitations. There are some limited exceptions that may extend this deadline, but you should contact an experienced Knoxville personal injury lawyer as soon as possible. If you file too late, the court will dismiss your lawsuit.

Should I talk to insurance adjusters?

Although you should speak to your own insurance company after an accident (and your policy will require you to do so), it’s strongly advised that you speak with an attorney before you talk to the at-fault party’s insurer. At the end of the day, insurance companies are most concerned with their bottom line. They often use a number of tactics to try to deny or underpay valid claims.

For example, insurance companies may ask victims to give a recorded statement about the accident. This is primarily designed to catch the victim making allegedly inconsistent statements so the insurance company can justify denying or underpaying your claim.

Unlike your own insurer, you aren’t required to speak with the at-fault party’s insurance company. So let an attorney advise you about insurance claims before you talk to any adjusters.

Contact our Knoxville, TN personal injury lawyers

Serious injuries deserve serious legal counsel, and that’s a promise we make to all of our clients. If you or a loved one has been hurt, it’s time to explore your rights and options. Get in touch with Banks & Jones today to get started with a free initial case consultation.