Knoxville, TN Catastrophic Injury Lawyers

Serious injuries demand serious legal representation

Some injuries are so severe that they result in permanent disabilities, chronic pain, and a lifetime of medical treatments. Known as catastrophic injuries, these cases can result in potentially high-dollar verdicts and settlements. Having experienced legal counsel is therefore important when pursuing the compensation victims may deserve.

A Knoxville catastrophic injury lawyer with Banks & Jones, Attorneys at Law, is ready to help you demand the compensation you may be entitled to receive. We can schedule a free case evaluation with you today to better explain your legal rights.

How Banks & Jones serves Knoxville catastrophic injury victims

There is no shortage of law firms promising stellar outcomes for the victims of major accidents. But not all law firms are ready to handle the unique challenges of these cases. Whether your case settles or goes to trial, your attorney must be ready to build a compelling argument.

Once you reach either a settlement or a verdict, you won’t get another chance to ask for compensation. That means if your injuries result in additional future damages you didn’t anticipate, you can’t request more money. A good law firm will know how to pursue a fair amount of damages for both past and future anticipated losses.

When you retain Banks & Jones to handle your catastrophic injury, we bring all of this and more to the table:

• Extensive knowledge of Tennessee personal injury law
• Comprehensive investigation of the facts and collection of the evidence
• Identification of the individuals, businesses, and entities who may be liable
• Representation of you during mediation as we attempt to reach a fair settlement
• Taking care of all insurance communications on your behalf
• Hiring expert witnesses who can support the key components of your case
• Early trial preparation and taking your case to a jury if a fair settlement cannot be reached

Our past results cannot guarantee an outcome in your case. However, these settlements attest to our dedication to catastrophic injury victims:

• Multimillion-dollar mediated settlement for two victims, involving both catastrophic personal injury and wrongful death
• $1.5 million mediated settlement for a catastrophic car accident that affected the victim’s extremities
• Near-record confidential settlement in a Knox County reckless shooting case that left the victim with serious injuries

Examples of catastrophic injuries

These are some examples of catastrophic injuries and how they happen:

• Traumatic brain injury (TBI): A traumatic brain injury is more than just a head injury. It fundamentally affects how the brain works and often causes motor-skill impairment, loss of cognition, coma, and death. TBIs can result from slips and falls, gunshots, or any violent blow to the head.
• Paralysis: Injury to the back or spinal cord, for example, in a car crash, can cause full or partial paralysis. Apart from the inability to move one’s body or sense touch, paralysis can destroy a once vibrant career, cause a decline in the quality of life, and require intense personal care and rehabilitation.
• Burn injuries: Being trapped in a fire, exposure to abrasive chemicals, and dangerous and defective consumer products can lead to life-changing burns. Permanent scarring, infection, and chronic pain are common, along with sometimes overlooked emotional trauma.
• Loss of sight and hearing: Damage to the eyes and ears can come from chemical exposure, excessive noise, and head and face injuries. Victims may be left permanently blind or deaf, partially or totally.
• Amputation: The victim of a car, truck, or other motor vehicle accident may need to have a limb amputated. The same is true for a medical error like an undiagnosed illness or infection. Losing a limb can drastically affect one’s quality of life and ability to work.
• Birth injuries: The tragedy of an injury inflicted upon an innocent newborn cannot be overstated. The child may suffer a lifetime of disability and have extensive, often permanent medical needs. This is to say nothing of the emotional effects on the child’s parents.
• Medical malpractice: Also known as medical negligence, medical malpractice is not simply making a mistake. Incompetent medical care can cause permanent injuries like brain damage and loss of organ function.

Long-term medical costs for Knoxville victims

One of the most significant consequences of a catastrophic injury is the medical bills. These are only a few of the examples:

• Emergency care: In the immediate aftermath of a serious accident, the victim will need ambulance and hospital care, surgery, and sometimes long stays in the ICU (intensive care unit). Diagnostic imaging like MRIs, laboratory testing, and specialist referrals are also common.
• Rehabilitation: Some examples include physical therapy, occupational therapy, speech therapy, and cognitive rehabilitation. These treatments can last for years and may only deliver partial results, depending on the nature of the injury.
• Disability: A disabled victim may need home and vehicle modifications, wheelchairs, mobility devices, prosthetics, and assistive technology. The need for home health aides or skilled nursing care may also arise.
• Ongoing care: Medical expenses can pile up for decades due to follow-up surgeries, pain management, prescription medications, and specialist care. Changes in the victim’s condition or the development of new complications, like mental health problems, will compound these bills.

The actual financial toll of these healthcare needs is hard to estimate because every individual victim experiences catastrophic injury differently. But the CDC estimates that the total economic burden of a TBI, including direct medical costs and indirect costs like lost productivity, is approximately $76.5 billion (in 2010 dollars).

All of these translate to substantial figures for medical bills, including for current and future reasonably estimated expenses, not to mention other damages. A serious injury attorney in Tennessee can help you estimate future medical bills you are likely to have.

Life care planning needs for Knoxville victims

A life care plan is an essential component of a strong catastrophic injury lawsuit. This is a comprehensive strategy for a victim’s future medical, rehabilitative, and support needs. A life care plan is typically developed with input from medical professionals like primary care physicians, rehabilitation specialists, and others.

The objective of one of these plans is to estimate the future costs that catastrophic injury victims are likely to incur for such needs as:

• Hospitalizations and surgeries
• Follow-up medical appointments
• Physical, occupational, and speech therapy
• Prescription medications
• Home health aides and in-home nursing care
• Disability-related medical care
• Adaptive medical equipment and mobility aides
• Prosthetics and medical devices (including upgrades and repairs)

Lifetime care can cost millions of dollars. For example, a young man who suffers paraplegia from a spinal cord injury may have lifetime treatment costs that exceed $3 million. These likely do not account for pain and suffering, decreased quality of life, and other monetary damages that victims can request with the help of their catastrophic accident attorney.

How catastrophic injuries translate to income losses

Although medical expenses for serious injury victims can be high, they only tell part of the story. Victims are likely to either never be able to work again or be able to work only at a fraction of their previous productivity. Many victims will lose out on lucrative careers and have to settle for other, less rewarding jobs.

In addition to the lost income that a victim experiences immediately after suffering an injury, they will miss out on future career benefits like:

• Income, bonuses, and promotions
• Retirement, health insurance, and other job-related benefits
• Access to job “perks” like discounts and gym memberships
• Career advancements and acquisition of new skills
• The quality of life associated with a successful career

The monetary value of these losses varies substantially based on factors like the victim’s age, occupation, professional background and experience, and the nature of the injury. They can easily reach several million dollars.

How expert witnesses help Knoxville catastrophic injury victims

Expert witnesses are professionals who provide highly technical and specialized information for judges and juries to consider. They are an indispensable part of any catastrophic injury lawsuit because these cases necessarily involve complex medical, vocational, and related issues. Examples of expert witnesses who assist with catastrophic injury claims include:

• Medical experts: These experts can explain the nature and severity of the injury, its prognosis and complications, and the kinds of treatments that victims will likely need down the road.
• Life care planner: A life care planner can discuss the various healthcare services that victims need for the rest of their lives, like the ones mentioned above.
• Economists: An economist can estimate the financial cost of future losses and expenses like medical treatments, lost future earnings, lost future employment benefits like retirement, and the loss of household services the victim would have provided.
• Vocational experts: Understanding how an injury affects the victim’s ability to work requires input from a vocational expert. This person can explain transferable job skills, future employment opportunities, and more.
• Accident reconstructionists: Any serious injury victim must be able to explain how the at-fault party caused the accident in question, and a reconstructionist can serve in this role.

Common insurance company defenses

Since insurance companies are usually on the hook for the negligent actions of their policyholders, they have developed a number of different tactics to try to defend against catastrophic injury lawsuits. Among them are:

• Disputing liability: The insurer may challenge the evidence, claim that someone else caused the injury, or assert that the accident in question was unavoidable.
• Comparative fault: If the Tennessee victim was partially at fault for the accident, the insurance company may argue that they are entitled to fewer damages (or no damages if the victim’s fault is 50% or higher).
• Pre-existing conditions: Insurance companies often review victims’ medical records to determine if there were pre-existing injuries that could lessen their financial liability.
• Disputing the severity of the accident: Since catastrophic injuries are by nature far more severe than ordinary injuries, insurance companies often criticize medical, income, and other aspects of victims’ claims.

If you’re in or near Knoxville, Banks & Jones can serve you

Our Knoxville permanent injury lawyer is ready to help you in the wake of a catastrophic injury. Our office is located at 2125 Middlebrook Pike. We are just west of downtown Knoxville and close to such areas as the University of Tennessee, the Western Avenue commercial corridor, and the historic Middlebrook area.

There are several transportation options to reach our office, including Knoxville Area Transit (KAT), pedestrian access, and driving on I-40. So no matter which area of Knoxville you’re coming from, or where you suffered your catastrophic injury, our office is close by.

Frequently asked questions for Tennessee catastrophic injury lawyers

What qualifies as a catastrophic injury?

Unlike “regular” injuries, which eventually heal and allow the victim to go back to their life, there is no such return to normal for a catastrophic injury. Some victims are hospitalized for months, if not years, and may require treatments for the rest of their lives. They may lose full use of their body, for example, by being unable to walk or talk.

What if I cannot work again?

If you cannot work after a catastrophic injury, you can claim lost earning capacity, lost future income, and lost future retirement and other benefits among your damages. You can potentially file for disability benefits as well. Talk to our team to learn more.

How long do these lawsuits take?

Some catastrophic injury cases take several months to settle, while others can take a year or longer to work their way through court. More complex cases involving more serious injuries will likely require more discovery and input from expert witnesses, plus several rounds of settlement discussions. These can extend the timeline of your case.

Contact our Knoxville, TN catastrophic injury lawyers

A catastrophic injury will affect your life in ways you might not understand for quite some time. If this has happened to you or a loved one, however, it’s time to get serious about your legal right to monetary compensation. Schedule a free initial case consultation with Banks & Jones today to learn more.