Tennessee Concussion Injury Lawyer

A concussion claim is won or lost on whether someone can show that an injury you cannot see on a scan is real, lasting, and worth far more than the emergency room bill. Fox, Farley, Willis & Burnette is a Tennessee personal injury law firm that represents people with Tennessee concussion injury lawyer needs after car and truck crashes, falls, workplace accidents, and vacation injuries, and we serve clients from the Smoky Mountain communities of Sevier County to Knoxville, Memphis, and everywhere between.

Concussions are the injury insurance companies are most tempted to minimize. The CT scan comes back normal, the patient walks out of the hospital, and an adjuster treats the file as a sprain with a headache. But a concussion is a functional injury, not a structural one. It disrupts how the brain processes, remembers, balances, and regulates mood, and those disruptions show up in the weeks and months afterward: trouble concentrating at work, sensitivity to light and noise, sleep that never feels restful, irritability that family members notice before you do. For a meaningful share of people those symptoms stretch well past the textbook recovery window, and that is where cases get contested.

It also helps to know what separates a concussion from the injuries people confuse it with. A concussion is generally classified as a mild traumatic brain injury, but “mild” describes how the injury presents at the start, not how it treats the person’s life. It differs from a contusion or brain bleed, which imaging can show, and from a whiplash neck strain, which often travels alongside it. Many people have more than one of these at once, and a claim that only documents the neck pain can leave the brain injury unaddressed.

Why Choose Fox, Farley, Willis & Burnette for a Concussion Case

Brain injury cases reward lawyers who have actually tried cases, because the defense in these claims usually argues that nothing is wrong with you. Bruce D. Fox, co-founder of Fox, Farley, Willis & Burnette, has tried more than 125 jury trials in state and federal court, is a member of the American Board of Trial Advocates, and received the Tennessee Trial Lawyers Association’s Lifetime Achievement Award in 2025 along with its Paladin Award in 2011. Partner Brad C. Burnette holds an AV Preeminent rating from Martindale-Hubbell, serves on the Tennessee Trial Lawyers Association Board of Governors, and is a graduate of the Keenan Trial Institute. Partner John Willis also sits on that board and is a past president of the Anderson County Bar Association.

Our attorneys bring more than 170 years of combined experience to serious injury cases, and our lawyers have recovered over $100 million for clients. Two of our partners spent the early part of their careers defending insurance companies, trucking companies, and businesses, so they know how a carrier’s claims team decides whether a “mild” brain injury is worth taking seriously. That inside view shapes how we build a concussion file from the first week.

Results in head injury cases include $1.5 million for a Knox County roofer who suffered a traumatic brain injury when his safety harness failed, and $1.6 million for an Anderson County man struck head-on by a commercial delivery truck on his way to work. Every case is different, and past results do not guarantee a similar outcome. Our attorneys are regularly voted among Knoxville’s Top Attorneys by CityView Magazine.

Personal injury clients pay no attorney fees unless we recover compensation, and every consultation is free. If your symptoms make travel hard, and with a concussion even a car ride can be painful, we can meet you at home or in the hospital. Hablamos español, and trial attorney Michael C. Beehan represents Spanish-speaking clients in their own language.

What to Do After a Suspected Concussion in Tennessee

Get evaluated the same day, even if you feel mostly fine. Concussion symptoms can build over hours or days, and a gap between the incident and your first medical visit is exactly what an insurer will point to when arguing the injury came from somewhere else. Tell the provider about every symptom, including the ones that seem minor or embarrassing: word-finding trouble, dizziness when you stand, ringing in the ears, feeling foggy or flat. If the emergency department sends you home with a discharge sheet, keep it, and follow through with your primary care doctor or a neurologist. Records written close to the event carry the most weight.

If the incident involved a crash, make sure a police report is filed, and photograph the scene, the vehicles, and any visible injuries. If it happened on someone’s property, report it to the owner or manager in writing and ask that surveillance footage be saved; businesses routinely overwrite video within days. Do not give a recorded statement to the other side’s insurance adjuster before talking with a lawyer, and avoid social media posts about your activities, because a single photo of you at a family event can be recast as proof you have recovered.

The deadline matters more than most people expect. Most Tennessee personal injury lawsuits must be filed within one year of the injury, one of the shortest windows in the country. It can stretch to two years when the person who hurt you is criminally charged and the prosecution begins within that first year, as in many DUI crashes, but you should never count on that extension. Claims against a city, county, or other governmental entity under the Governmental Tort Liability Act must be filed within 12 months. Injuries to children are treated differently: the clock is generally tolled until the child turns 18, after which the one-year period begins. Medical care that led to a brain injury falls under health care liability rules, with a one-year limit and a three-year outer limit.

Where a lawsuit is filed depends on the county. Cases arising in Knox County are heard in the Knox County Circuit Court in Knoxville, part of Tennessee’s Sixth Judicial District, and federal cases in the Eastern District of Tennessee are heard by its Northern Division sitting in Knoxville. Sevier County cases fall in the Fourth Judicial District, and Anderson County sits in the Seventh. Smaller disputes can begin in General Sessions Court, whose civil authority is limited by amount and type of claim.

Finally, keep a symptom journal. Note headaches, missed work, mistakes you would not normally make, and activities you have stopped doing. Ask a spouse or coworker to describe changes they have seen. This kind of everyday evidence often does more to prove a concussion than any single test result.

Where Concussion Claims in Tennessee Come From

• Car and Truck Collisions: Rear-end impacts on I-40 and I-75 around Knoxville, head-on crashes on rural two-lane roads, and tractor-trailer collisions can whip the head hard enough to cause a concussion with no direct blow at all. Our attorneys have taken on cases involving distracted, drunk, and reckless drivers as well as commercial vehicles.
• Motorcycle, Bicycle, and Pedestrian Crashes: Riders and walkers hit by vehicles often strike pavement or a windshield. A helmet reduces risk but does not eliminate concussion, and insurers sometimes use helmet arguments to shift blame.
• Slip and Fall Injuries: Wet floors, broken pavement, poorly lit stairs, and icy walkways at stores, restaurants, hotels, and rental properties can send a head into a hard surface. Property owners must keep premises reasonably safe and address hazards they knew or should have known about.
• Tourist and Vacation Injuries: Visitors hurt at Pigeon Forge attractions, in Gatlinburg cabins, on Smoky Mountain trails, at water parks, or on the Parkway often suffer head injuries from falls, ride incidents, and crashes involving unfamiliar roads.
• Workplace Third-Party Claims: Falls from roofs and scaffolding, defective safety harnesses, and struck-by incidents on job sites can cause brain injury. Workers’ compensation is generally the only remedy against your own employer, so we focus on claims against negligent drivers, equipment makers, contractors, or property owners.
• Amusement Park and Outdoor Recreation Incidents: Rides, rafting trips, and guided outdoor activities can produce sudden stops and falls. Operators and tour companies owe participants a duty of reasonable care.
• Carbon Monoxide and Hot Tub Incidents: Headache, confusion, and dizziness from carbon monoxide in a rental cabin can mimic concussion and cause lasting neurological harm, and hot tub accidents can involve drowning or falls.
• Wrongful Death After Head Trauma: When a head injury proves fatal, the claim passes by Tennessee law to a surviving spouse, then children or next of kin, or may be brought by a personal representative. The one-year period runs from the date of the injury, not the date of death.

Proving a Concussion and Valuing What It Costs

Because standard imaging often looks normal, concussion cases are built from a different kind of evidence. Treating physicians, neurologists, and neuropsychologists can document deficits in memory, attention, and processing speed. Vestibular and vision specialists can show balance and eye-tracking problems. Employment records, supervisor statements, and performance reviews show what the injury did to your working life. Family and friends supply the before-and-after picture that no chart captures. We work to connect these pieces so the injury reads as a single, consistent story rather than a scattering of complaints.

Insurers push back in predictable ways. They argue the symptoms are pre-existing, that a delay in treatment means the injury was minor, or that stress, anxiety, or another medical condition explains your difficulties. They may also lean on Tennessee’s comparative fault rule. Under it, you can recover only if you are less than 50 percent at fault, and your award is reduced by your share of responsibility. Fault can also be assigned to people who are not even parties to the lawsuit, which is why a careful investigation of everyone involved matters.

Compensation can include medical expenses, lost income, reduced earning capacity, and pain and suffering. Economic damages are not capped in Tennessee. Noneconomic damages are generally limited to $750,000, rising to $1 million for a defined category of catastrophic injury, and the jury is not told about that limit. The statute’s catastrophic category covers specific harms such as paraplegia or quadriplegia, certain amputations, and severe burns, so most concussion cases fall under the general limit. That ceiling can be lifted in some circumstances, including where the defendant was impaired by alcohol or drugs to a degree that substantially affected judgment, intentionally caused the harm, destroyed evidence, or was convicted of a related felony. Punitive damages, when available, are separately limited.

Insurance limits shape recovery as well. Tennessee’s minimum required liability coverage is modest, $25,000 per person and $50,000 per accident for bodily injury, so a serious concussion claim can quickly exceed what an at-fault driver carries. That is why we look for additional sources of recovery, including uninsured and underinsured motorist coverage on your own policy, employer liability when a driver was on the job, and property owners or contractors whose negligence contributed.

Frequently Asked Questions About Concussion Claims

How long do I have to file a concussion lawsuit in Tennessee?

In most cases, one year from the date of the injury. That period can be extended to two years if the person who caused the injury was criminally charged and prosecution began within the first year, but that is not something to rely on. Claims against government entities must be filed within 12 months, and medical negligence claims carry a one-year deadline with a three-year outer limit. Waiting to see whether symptoms improve can use up months you cannot get back.

Can I have a concussion if the CT scan or MRI was normal?

Yes. A concussion typically affects how the brain functions rather than leaving a structural mark that standard imaging detects. A normal scan rules out bleeding or a fracture, not a concussion. Diagnosis rests on your symptoms, a clinical exam, and sometimes specialized testing.

What if I did not go to the hospital right away?

You can still bring a claim, but the gap needs to be explained and treatment should begin now. Concussion symptoms often worsen or become noticeable only after the adrenaline wears off. Get evaluated as soon as you can and describe the original incident accurately to the provider.

Can I recover compensation if I was partly at fault?

Often, yes. Tennessee follows a modified comparative fault rule, so you can recover as long as you are less than 50 percent at fault, with your award reduced by your percentage. If you are found 50 percent or more responsible, recovery is barred. Insurers frequently try to inflate an injured person’s share, so how fault is investigated matters a great deal.

What is a concussion case worth?

There is no honest formula. Value depends on medical costs, how long symptoms last, whether you could return to your job, any permanent limitations, and the strength of the liability evidence. Economic losses such as medical bills and lost earnings are not capped, while noneconomic damages are generally limited to $750,000. A lawyer can assess your specific facts after reviewing your records.

What if my symptoms last for months or longer?

Persistent symptoms after a concussion are well recognized, and they strengthen the importance of ongoing treatment and documentation. Settling too early is a real risk: once a claim is resolved, you generally cannot reopen it if your recovery turns out to be slower than expected. We typically want a clear picture of your medical course before agreeing to a number.

My child hit their head in a crash. Is the deadline different?

Yes. When the injured person is under 18, the limitations period is generally tolled until the child turns 18, and then the one-year clock begins. Even so, evidence disappears and memories fade, so it is wise to act promptly rather than wait years.

Will my health insurance cover treatment while my claim is pending?

Generally you can use your own health coverage to get care without waiting for the claim to resolve, and delaying treatment to wait for a settlement can hurt both your recovery and your case. Insurers or plans that pay may seek reimbursement from a recovery, so those rights should be sorted out as the case progresses.

I was hurt at work. Can I sue over a concussion?

Workers’ compensation is generally your only remedy against your own employer. But if someone else contributed, such as a negligent driver, an equipment manufacturer, or another contractor on the job site, you may have a third-party claim that can include pain and suffering and the full value of lost earning capacity. The employer or its insurer usually has a right to reimbursement from that recovery, so these cases require coordination from the start.

I live out of state but was hurt in Gatlinburg or Pigeon Forge. Can you still help?

Yes. We represent visitors from other states who were injured in Sevier County and across Tennessee. We handle the investigation, insurance negotiations, and court filings here and keep you updated by phone and email while you recover at home.

What if the concussion happened in the Great Smoky Mountains National Park?

It depends on who caused it. If a federal employee or agency is responsible, the claim falls under the Federal Tort Claims Act, which generally requires a written administrative claim to the government within two years before a lawsuit can be filed. If a private driver, tour company, or business caused the harm, the claim proceeds like any other personal injury case, including Tennessee’s one-year filing deadline for injuries on the Tennessee side of the park.

How much does it cost to hire your firm?

Nothing up front. We work on a contingency fee, so no attorney fees are owed in a personal injury case unless we recover compensation for you, and your first consultation is free.

Serving Concussion Injury Clients Across East Tennessee and the State

Our work for concussion clients begins in Knox County and the communities around it, from Knoxville and Farragut to Powell, Halls, Karns, Corryton, and Mascot. We also represent people in neighboring Anderson County, including Clinton, Oak Ridge, Oliver Springs, and Norris, and in Blount County, including Maryville, Alcoa, and Townsend. In Sevier County we serve Sevierville, Gatlinburg, Pigeon Forge, and Seymour, where tourism and heavy Parkway traffic produce a steady stream of head injuries. To the north, we help families in Campbell County, including LaFollette and Jacksboro, and in Claiborne County. We have also represented people from Roane, Morgan, Jefferson, and Monroe counties.

Beyond East Tennessee, we take cases from Johnson City, Nashville, Memphis, and the small towns between them. Whether a concussion came from a highway crash near Knoxville, a fall at a rental cabin, or a job-site accident far from home, we can review what happened and travel to you when your injuries make it difficult to come to us.

Talk With a Tennessee Concussion Injury Attorney

If a head injury has changed how you think, work, or get through a day, you should not have to prove it to an insurance company alone. Our team will listen to what happened, review your medical records, and explain whether you have a claim and what it may take to pursue it. Call Fox, Farley, Willis & Burnette to speak with a Tennessee concussion injury attorney, free of charge and with no fee unless we recover compensation for you.