Filing Claims in Knoxville Injury Cases: Timelines

Helping accident victims in Tennessee obtain strong recoveries

How fast your personal injury case settles depends on many different factors. These include how clear liability is, the severity of your injuries, the number of defendants, the insurance companies, the defendants and their lawyers, and other factors. The number of other cases in the Knox County Courthouse can affect when your case is heard. At Banks & Jones, we balance your desire for a quick resolution with your need to obtain the highest recovery possible.

How can we help?

The pleading stage

We can’t start your Knoxville personal injury case until you contact us. We will then investigate how the accident happened, who is responsible, and the extent of your injuries. Please know that it is important you contact us promptly so we can inspect the accident site, examine defective products, and help ensure that you’re seeing the doctors you need to see. Our lawyers need to speak with witnesses while their memories are fresh. We also need to ensure that your claim is filed within the statute of limitations, which is just one year in Tennessee.

Once we complete our investigation, we file a formal complaint with the courthouse. The complaint is served on the defendants, who are given time to file their answers. There may be other legal pleadings that need to be filed by each side. Normally, the pleading stage takes a month or two.

The discovery phase

This phase of your case (called the discovery phase) can take a few months.

After pleadings, the plaintiffs and the defendants each have the right to question each other in writing, to question each other and any relevant witnesses orally before a court stenographer, and to request that relevant documents be exchanged.

Our attorneys work with you to ensure you are prepared to answer the questions and anticipate the questions the defense lawyers may ask. Written questions (called interrogatories) are normally answered by you in the convenience of your home. Oral questions (called depositions) are normally answered at the local courthouse or the offices of one of the lawyers.

The length of time for this stage can vary depending on the number of defendants and witnesses that need to be deposed and what legal issues may arise. In addition to the people who have information about the liability part of your case, your doctors and any other expert witnesses may also need to be deposed. In some cases, a video deposition may be used so an expert witness doesn’t have to testify in court.

The demand letter

After the pleading stage and the discovery phase, we can review the liability and damage parts of your claim to see if any further evidence can help support your claim. We also need to know your prognosis. While some injuries like broken bones may heal in a few months, other injuries, like spinal cord damage and traumatic brain injuries, may last for the rest of your life. It’s critical to review with your physicians what your life will be like in the future, what bills you will have, and what complications may arise.

Once we have the full picture of liability and damages, we prepare a formal demand letter that itemizes:

  • Why we believe the defendants are liable
  • What injuries you have, the cost of your medical care to date, and the medical care you will need for the rest of your life
  • What other economic damages you have, including lost income and property damage
  • The full scope and severity of your pain and suffering
  • All the other damages you have, including loss of life’s pleasures, scarring and disfigurement, and loss of consortium

The demand letter then explains how much we believe your case is worth.

There’s usually some back and forth before a settlement is reached. If we reach a settlement, the insurance company and our Knoxville personal injury lawyers will place the agreement and other necessary documents, such as a release, in writing. When all the documents are signed, you should have a check for your share within a few weeks.

If my Knoxville personal injury case must go to trial, when is the trial held?

If a settlement cannot be reached, then we will ask the court administrator or the judge assigned to your case to set a trial date. The approximate date for your trial from the date we make the official request is also a few months or more, depending on how many other cases are being heard.

The total time from the filing of your complaint until a jury trial can take about one year. We’ll explain what timelines you can expect as your case progresses.

What factors can expedite or delay my Knoxville case?

If liability is clear and your injuries heal quickly, the timeline for settlement discussions can be fairly quick.

If there are multiple defendants and you have a catastrophic injury, the timeline for your case will be longer.

The status of the defendant can affect the timeline. Some defendants, like doctors, are more likely to contest your claim because their reputation is on the line – while others, like car drivers who have a high amount of liability insurance, are likely to leave the handling of your case to the insurance company and the defense lawyer.

Do you have a Knoxville personal injury lawyer near me?

We make it easy for injury victims and families to speak with us. We usually meet clients at our Knoxville office located at 2125 Middlebrook Pike. If mobility is an issue, we do make alternate arrangements. We also speak with clients by phone and through video conferences.

Our lawyers will answer all your questions and guide you through each step of the claims process.

Contact our accomplished Knoxville personal injury lawyers now

We understand how much pain you’re in. We understand how much you’re worrying about being able to pay your bills and support yourself and your family. At Banks & Jones, our seasoned personal injury lawyers have 30 years of experience fighting for accident victims. Our lawyers are skilled at moving your case forward while demanding full compensation for your injuries. To assert your rights, please call us or fill out our contact form to schedule a free consultation.

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