Filing Claims in Knoxville Injury Cases: Potential Disputes

Knoxville injury lawyers prepare you for the challenges that could arise in your lawsuit

Different types of disputes can occur in a personal injury case. Many of these disputes revolve around the type of accident you had. For example, when two cars crash, there may be a dispute about which driver had the right of way. Disputes can also occur about how a case proceeds. For example, there may be a dispute about what documents a defendant must provide to an injured plaintiff. At Banks & Jones, our Knoxville personal injury lawyers are skilled at identifying, responding to, and resolving all disputes that may arise in your case.

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Common liability disputes in Knoxville vehicle accident cases

Insurance companies love to point the finger at other people whenever possible, to avoid paying out on claims. Certainly, the other driver doesn’t want to admit fault either. When it comes to vehicle crashes, the most common liability disputes include the driver of the at-fault vehicle:

  • Claiming he/she didn’t speed, drive while distracted, drive while tired, drive while drunk, or commit any other offense.
  • Claiming he/she had the right of way.
  • Accusing you of being at least equally, if not more, at-fault for the crash.
  • Blaming another driver or third party for the crash.

What types of liability disputes may arise in Knoxville premises liability cases?

Shoppers, customers, and anyone who has the right to be on someone else’s property are eligible to file a personal injury claim against the owners of the property if the owner knew, or should have known, about a danger or risk on their property and failed to take corrective actions. Corrective actions include repairs and warnings.

Some of the possible disputes which may when you file a complaint against a property owner include:

  • Whether the owner did or didn’t have a reasonable amount of time to take corrective steps.
  • Whether or not the outcome could have been foreseen – AKA, whether the owner could have reasonably expected that someone could be injured.
  • If you contributed to your own injuries in any way.
  • If you had a legal right to be on the property at the time of the accidents.
  • Whether an outside, third-party (like a management company) should be held liable.

Here’s a common dispute: say a customer slips and falls on a wet surface, and that wetness was due to spilled drinks. As a customer, you argue that it’s the property owner’s responsibility to keep the floors dry, and that spilled drinks are a foreseeable event. The owner argues that the drink just spilled, and that if you had been paying attention, you would have noticed the puddle and avoided it.

Not all premises liability claims involve falls, of course. Issues of liability can arise in cases involving:

  • Dog bites on private property (such as in dog-friendly restaurants, workspaces, or even the vet’s office)
  • Injuries at amusement parks, water parks, county fairs, or at entertainment venues like trampoline parks (many of which may have customers sign liability waivers)
  • Acts of violence or abuse due to negligent or inadequate security

Common liability disputes in other types of Knoxville personal injury cases

At Banks & Jones, we handle disputes that may occur in other types of personal injury cases, including:

  • Birth injuries. A doctor may argue that he/she acted the same way other doctors in the same practice would have acted, that the hospital where a procedure was performed is liable, or that the doctor’s conduct was not the cause of harm to your baby.
  • Product defects. The manufacturer may argue their product was altered by you or someone else, that you assumed the risk of a danger that you were warned about, or that that you misused the product. Generally, it is not a valid defense that a manufacturer says it did all it could because manufacturers are typically strictly liable if their product causes harm
  • Nursing home abuse and neglect. Nursing homes and staff may argue that their negligence was not the cause of your harm, that you failed to follow directions, or the homes may assert other factual or legal disputes.

At Banks & Jones, we handle all types of liability disputes. We’re skilled at resolving these disputes in your favor.

What types of procedural disputes can arise in personal injury cases in Knoxville?

The most common question our clients ask us is, “How much time do I have to file my claim?” Defense lawyers will immediately assert that your claim is barred if you fail to file within the proper period – which in Tennessee, is one year from the date. Disputes may arise about when the statute begins and whether any extensions or exceptions should apply.

Disputes may also arise about the time each side has to file pleadings, when and where depositions should be held, what evidence must be provided to the other side, and other requirements

There may be disputes about who can be added as a defendant in addition to the initial defendants. There may be disputes about the status of current Tennessee laws.

Disputes may occur at any stage of your claim from the initial pleadings to the actual trial. We work to settle all disputes in your favor.

Additional injury disputes raised by defense counsel and insurance companies

Sometimes, it’s not liability or procedure that’s being questioned. Defendants often raise the following injury disputes:

  • The accident wasn’t the cause of your injuries
  • You had a pre-existing condition
  • You failed to follow the advice of your physicians and therapists
  • You’re well enough to work
  • Your injuries have healed
  • Other defense disputes about the severity of your injuries

Our Knoxville personal injury attorneys work to resolve these disputes quickly and efficiently.

How are personal injury disputes resolved?

Generally, factual disputes are resolved through the presentation of arguments, the testimony of witnesses, and any evidence presented. Our Knoxville personal injury lawyers work to show that your version of the events is accurate and true. We show that defendants are liable by:

  • Working with investigators to examine the accident site and to inquire if there are any videos of the incident.
  • Speaking with the police to review their report and investigation.
  • Hiring expert witnesses to show a jury why and how your injuries occurred, and the true extent of your medical and financial vulnerabilities moving forward.
  • Formally questioning the defendants, all eyewitnesses, and anyone else who has information about how the incident

When we negotiate with insurance companies, we present the strongest and most persuasive arguments possible. We may argue that the insurance carriers failed to negotiate in good faith. Generally, our personal injury lawyers and the insurance company review and weigh the strengths and weaknesses of each client’s position and recommend that your case be settled based on those strengths and weaknesses.

When cases don’t settle, a jury decides the strengths and weaknesses when they make their deliberations about liability and damages.

Legal disputes are normally resolved by a judge through formal motions, hearings, or arguments.

Do you have a Knoxville personal injury lawyer near me?

We’re ready to handle your personal injury case today. You can meet us at our Knoxville office located at 2125 Middlebrook Pike. We can meet ill and immobile clients away from the office. Phone and video consultations are also an option.

Our lawyers will guide you through each step of the claims process and handle every dispute that arises.

Our Knoxville personal injury lawyers are ready to help you now

There are many challenges involved with personal injury claims. The insurance companies and defense lawyers will do everything to deny or minimize your claim. At Banks & Jones, we have 30 years of experience fighting for personal injury victims and the families of loved ones when accidents tragically take a life. We’re skilled at handling every challenge that comes along. Please call us or use our contact form to schedule a free consultation to discuss your rights and talk with a Knoxville personal injury lawyer who will Fight 2 Win your case.

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