Filing Claims in Knoxville Injury Cases
How to file an injury or insurance claim in Tennessee
When you’re injured, the first step you need to take is to focus on your health. You should immediately seek a medical evaluation at a local emergency room if someone doesn’t take you there. Once you can take a breath, you’ll need to process your claim. There are two basic ways to pursue your claim. Our Knoxville personal injury lawyers are ready to help you notify the insurance companies and file your formal complaint. We’re your voice with the insurance carriers and their defense lawyers. Our job is to prepare your claim and pursue your right to damages. Please contact us now.
How can we help?
- Who should I contact if I’m injured in Knoxville?
- Should I call the other person’s insurance company?
- How much time do I have to file my personal injury claim in Knoxville?
- How do you file an injury claim and an insurance claim?
- What happens after you file my claim?
- Do you have a Knoxville personal injury claim lawyer near me?
Who should I contact if I’m injured in Knoxville?
If you sustain an injury because of someone else’s negligence, you should contact your insurance company and call a lawyer. (If you’re hurt at work, you should contact your boss but still call a lawyer.)
For a car accident
Your auto insurance carrier (they normally also are your UM/UIM carrier) has the right to be informed promptly that there was an accident so that they can conduct their own investigation. If you have collision coverage, your vehicle insurance carrier will want to inspect the car or obtain information about the damage to the car and what repairs may be necessary.
Your auto insurance carrier will also want to discuss with you how the accident happened and what your injuries are. At Banks & Jones, our Knoxville insurance claims lawyers will help prepare you for the conversation with your auto insurance carrier.
For other incidents
In most of the other types of accidents (non-vehicle accidents) that we handle – construction accidents, product liability accidents, medical malpractice, nursing home abuse and neglect, and other categories – the insurance companies we work with are the insurance companies for the defendants and your health insurance carrier.
Should I call the other person’s insurance company?
No – don’t call or contact them at all. Let us handle that.
After an accident, we’ll notify the liability carriers for any defendants directly. If you’ve been in a car, truck, or motorcycle accident, you may have collected that information at the accident scene. The insurance information may also be in the police report.
In most other types of accidents, we’ll notify the defendant directly that you were injured and you have a claim. The defendant will likely hire a lawyer. When we speak with that lawyer, one of the first things we’ll discuss is who is the insurance carrier for their client. We’ll then notify the insurance company that you have a claim against their insured.
In most cases, we’ll file a formal complaint against the defendants. After the defense lawyers reply, we’ll conduct discovery of the case (investigations and formal questions and answers). When the discovery phase is complete, we’ll prepare a demand letter and begin settlement discussions with the lawyer and the insurance company.
There may be variances from the above procedure depending on many circumstances that we’ll explain.
How much time do I have to file my personal injury claim in Knoxville?
In Tennessee, all personal injury claims and wrongful death claims must be filed within one year from the date of the accident. There are a few exceptions that may apply such as – in medical malpractice cases, the clock may not begin to start until you learn that malpractice has occurred.
We suggest that you contact us immediately so we can investigate your claim, notify the insurance companies, and review your medical care.
How do you file an injury claim and an insurance claim?
The insurance claim process generally involves sending the insurance company a letter informing the company that we represent you and identifying when and where the accident happened.
The complaint against the defendant(s) is filed in the local courthouse. The complaint sets forth what happened and why the defendants should be held accountable. The complaints are then formally served on the defendants. They have a set amount of time to file their answer.
What happens after you file my claim?
After we file the formal complaint on the defendants and notify the insurance carriers, each side (you and the defendants) has the right to submit written questions (interrogatories) to each defendant, and to orally question (use depositions) the defendants and any witnesses about how the accident happened, what damages you suffered, and all other relevant topics. For example, in a medical malpractice case, we’ll question the physicians about their qualifications and experience as well as the treatment that they provided for you.
We’ll also demand that the defendants produce any relevant documents such as the insurance policies, any repair records, and any other relevant documents.
Ultimately, we’ll begin negotiations with the insurance company and/or the defense lawyers. Either a settlement will be reached or your case will be scheduled for a jury trial.
Do you have a Knoxville personal injury claim lawyer near me?
At Banks & Jones, we consult with clients at our office in Knoxville, which is located at 2125 Middlebrook Pike. We can make alternate arrangements if your injuries prevent you from coming to our office. Phone and video consultations are also an option.
Our lawyers will answer all your questions and explain each step of the claims process, starting with notifying the insurance companies and filing your personal injury complaint.
Contact Knoxville personal injury claim lawyers who Fight 2 Win
At Banks & Jones, we’re respected by former clients, insurance companies, and defense lawyers for our skill and experience in handling every phase of your accident claim from the initial conversation through the settlement or jury trial of your case. Our Knoxville personal injury lawyers will help you notify insurance carriers, file complaints against the defendants, and obtain the strongest recoveries possible. To assert your right to compensation or your right to file a wrongful death action, please call us or use our contact form to schedule a free consultation. We handle personal injury claims on a contingency fee basis.
Related Articles
- Filing Claims in Knoxville Injury Cases
- Timelines
- Potential Delays
- Potential Disputes
- Negotiating a Settlement
- Types of Evidence