Curious about the Ins-and-Outs of a Knoxville Car Accident Lawsuit? Here’s What You Need to Know
If you or your loved one were injured in a serious car accident or other type of motor vehicle accident in Knoxville due to someone else’s fault—whether in a car accident, motorcycle crash, or commercial truck accident—you may be entitled to compensation under Tennessee’s personal injury laws. Understanding the stages that typically take place in a Knoxville personal injury lawsuit can help you and your family prepare you to navigate the complex Knoxville personal injury lawsuit process. Knoxville motor vehicle accident victims and their families may be wondering just exactly what to expect when it comes to the typical car accident case in Knoxville. To help Knoxville motor vehicle accident victims and their families better understand the process, we discuss the typical stages in a Knoxville car accident lawsuit here.
Stage 1: Your Knoxville Personal Injury Lawsuit – The Initial Investigation and Legal Consultation
The Knoxville personal injury lawsuit process begins with an investigation into the facts of your accident. This typically involves collecting medical records, police reports, witness statements, and any photos of the accident or video evidence. During this phase, injured victims often consult with a Knoxville personal injury lawyer to assess the strength of their case and understand their potential claims and the damages they may be entitled to in their case.
Stage 2: Initiating the Lawsuit – Filing the Complaint
A personal injury lawsuit formally begins in Knoxville when the plaintiff (the victim) files a complaint in Knoxville civil court. The complaint outlines the legal basis for the claim, the facts of the case, and the damages sought. Importantly, according to T.C.A. § 28-3-104, a Knoxville car accident victim must typically bring a lawsuit in court within 1 year, or their claim may be forever barred.
Stage 2: Giving Notice of the Lawsuit – Service of Process and Defendant’s Response
Once the complaint has been filed by the victim, the defendant (the at-fault party) must typically be served with legal notice of the lawsuit against them. The defendant then has a limited time—typically 30 days—to file their response (called an “answer”) admitting or denying the allegations. This response may also include affirmative defenses or a counterclaim.
Stage 4: The Discovery Phase
Discovery is the exchange of information between parties to build each side’s case. This may involve the parties asking each other for written statements, documents, admissions, or testimony in the case.
Stage 5: Pretrial Motions and Settlement Negotiations
Before a trial commences in a Knoxville personal injury lawsuit, either party may file motions to dismiss or motions for summary judgment in the case. It is important to keep in mind that many Knoxville personal injury lawsuits settle before trial through mediation or informal negotiation.
Stage 6: The Trial
If no settlement is reached between the parties in the Knoxville personal injury lawsuit, the case will typically proceed to the trial phase. At trial, a Knoxville judge or jury will hear the evidence and determine liability and damages in the case. It is important for Knoxville personal injury motor vehicle victims to know that they also may be able to appeal their case, if they believe that the judge or jury got it wrong.
Getting Legal Help in Knoxville – Knoxville Personal Injury Lawyer
If you or your loved one were seriously injured in a car accident or other type of accident in Knoxville, and it was not your fault, contact the experienced Knoxville personal injury lawyers at Fox Farley Willis & Burnette, PLLC. Contact Fox Farley Willis & Burnette, PLLC and speak to a lawyer about your case now.
