Tennessee Traumatic Brain Injury Lawyer

A head injury can look minor at the scene and turn into months of headaches, memory gaps, and a job you can no longer do. Fox, Farley, Willis & Burnette is a personal injury law firm that represents people and families across East Tennessee and the rest of the state, and a Tennessee traumatic brain injury lawyer from our firm can start building your claim while you focus on getting care.

Brain injury cases are different from broken-bone cases because the harm is often invisible on the day of the crash. A concussion may clear in weeks, or it may leave lasting changes in concentration, mood, balance, and personality. Moderate and severe injuries can mean surgery, rehabilitation, and a lifetime of supervision. The value of the claim depends on proving that future, and proving it takes medical records, neuropsychological testing, and testimony from people who know how you were before.

Tennessee also gives you very little time. Most injury lawsuits must be filed within one year of the injury, and symptoms that surface slowly can eat that year before anyone connects them to the crash. Starting early protects both your health and your claim.

How Brain Injury Claims Are Built and Valued in Tennessee

These cases usually move in stages, and the early stage is medical. Insurance companies want to see a diagnosis tied to a documented event. That means emergency room records, imaging, and follow-up with neurologists or rehabilitation providers. A normal CT scan does not mean there is no brain injury; many concussions and diffuse injuries do not show up on standard imaging. Treatment notes that describe confusion, light sensitivity, sleep disruption, or word-finding trouble carry real weight.

The second stage is deciding when the claim can be valued honestly. Settling too soon is the most common way a brain injury victim ends up short. If your recovery is still unfolding, the full cost of care and lost earning capacity cannot yet be measured. We typically wait until your doctors can speak to what the long-term picture looks like, then build the damages case around it: past and future medical care, lost wages, reduced earning capacity, and the human cost of living with the injury.

Tennessee does not cap economic damages, so medical bills, rehabilitation, and income losses can be recovered in full. Noneconomic damages for pain, suffering, and loss of enjoyment of life are generally limited to $750,000, rising to $1 million for a defined catastrophic loss. A brain injury does not automatically fall in the catastrophic category under the statute, which is limited to specific injuries such as paraplegia or quadriplegia. The cap does not apply at all when the defendant was intoxicated, intentionally caused the harm, destroyed evidence, or was convicted of a related felony. The jury never hears about the cap; the judge applies it afterward.

The third stage is fault. Tennessee uses modified comparative fault, so you can recover if you are less than 50 percent responsible, with your award reduced by your share. Insurers often point at the injured person, and because a brain injury can affect memory of the event itself, independent evidence matters: scene photos, vehicle data, witness statements, and surveillance footage that may be overwritten if no one asks for it quickly.

Where Brain Injuries Happen: Common Causes We Handle

• Car and Truck Crashes: Head strikes against the window or steering wheel, and the violent acceleration and deceleration of a high-speed collision, can injure the brain even without impact. Interstate corridors and the Parkway in Sevier County see heavy mixed traffic of commuters, tourists, and tractor-trailers. Federal and Tennessee rules on driver logs and vehicle data make early preservation critical in commercial truck cases.
• Motorcycle, Bicycle, and Pedestrian Collisions: Riders and walkers have no vehicle frame around them, so head trauma is a leading injury in these cases. Helmet use can be raised by insurers as a fault argument, which is why a careful liability investigation matters.
• Falls on Unsafe Property: Wet floors, broken pavement, dark stairs, and icy walkways at stores, hotels, and rental cabins can send someone headfirst into a hard surface. Property owners must address hazards they knew or should have known about, and maintenance and inspection records often decide these cases.
• Construction and Workplace Accidents: Falls from roofs and scaffolding, falling objects, and failed safety equipment cause serious head injuries. Workers’ compensation usually limits claims against an employer, but a third-party claim against a negligent contractor, property owner, or equipment maker can recover damages workers’ compensation does not.
• Vacation and Recreation Injuries: Visitors to Gatlinburg, Pigeon Forge, and the Smokies are hurt on rides, in water parks, on trails, and in rafting and zip-line accidents. Out-of-state visitors often face the added problem of being treated far from the doctors who will manage their recovery.
• Wrongful Death from Head Trauma: When a brain injury is fatal, the claim passes to a surviving spouse, then children or next of kin, or to a personal representative. The one-year clock runs from the date of the injury, not the date of death.
• Intoxicated and Distracted Driver Crashes: Tennessee’s Hands Free law bars holding a phone, texting, or watching video while driving. Proof of phone use or impairment can strengthen a claim, and impairment can lift the cap on noneconomic damages.

What to Do in the First Weeks After a Head Injury

Get medical care, even if you feel mostly fine. Concussion symptoms can build over days, and a gap between the crash and your first visit gives insurers room to argue the injury came from something else. Tell every provider about every symptom, including the small ones: trouble sleeping, irritability, ringing in the ears, losing your train of thought. If you were treated at an emergency department in Knoxville, Sevierville, Maryville, or elsewhere, request your records and keep following up with a neurologist or your primary doctor.

Keep a simple daily record. Write down headaches, memory slips, missed work, and things you can no longer do. People close to you often notice changes before you do, and their observations can later become powerful testimony. Do not post about your recovery or activities on social media, because insurers review it.

Be careful with the insurance company. The at-fault driver’s adjuster may call quickly and ask for a recorded statement. You are not required to give one, and a person with a brain injury may not describe symptoms accurately early on. Tennessee’s minimum auto liability coverage is only $25,000 per person and $50,000 per accident for bodily injury, which is rarely enough for a serious brain injury, so we also look at your own uninsured and underinsured motorist coverage and every other possible source of recovery.

Mind the deadlines. The standard filing period is one year. It extends to two years only if criminal charges are brought against the person who hurt you, prosecution begins within that first year, and you sue that same person. Claims against local governments under the Governmental Tort Liability Act must be filed within 12 months and carry damage limits. Health care liability claims carry a one-year period with a three-year outer limit. If the injured person was a minor, the clock generally does not begin until age 18. Because Tennessee’s deadlines are so short, call as early as you can.

If a lawsuit becomes necessary, injury cases in this region are typically filed in the circuit court of the county where the crash or injury happened or where the defendant lives, such as the Knox County Circuit Court or the circuit courts serving Sevier and Anderson counties. Cases involving out-of-state defendants or federal issues can land in the U.S. District Court for the Eastern District of Tennessee, whose Northern Division sits in Knoxville.

Why Choose Fox, Farley, Willis & Burnette for a Brain Injury Case

Clients work with us in a practical way. Consultations are free, and we take injury cases on a contingency basis, which means no attorney fees unless we recover compensation. If a brain injury makes travel hard, we can meet you at home or in the hospital. Spanish-speaking clients can work with trial attorney Michael C. Beehan, who is fluent in Spanish, and the firm’s lawyers handle the investigation, insurer negotiations, and court filings while keeping out-of-state clients informed.

Brain injury cases are often decided by who can best explain an injury a jury cannot see. Co-founder Bruce D. Fox 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. Partner Brad C. Burnette, a Keenan Trial Institute graduate, also serves on the Tennessee Trial Lawyers Association Board of Governors, as does John Willis, who has tried cases from the Tri-Cities to Chattanooga.

Two of our partners began their careers defending insurance companies, trucking companies, and businesses. That matters in head injury claims because it means we know how adjusters and defense lawyers pick apart a brain injury case, including the arguments about pre-existing conditions, normal scans, and delayed treatment, and we prepare for them from the start.

Our results include $1.5 million for a Knox County roofer who suffered a traumatic brain injury when his safety harness failed, along with $3.4 million for a Morgan County family in a wrongful death case and $2.3 million for a Knox County motorcyclist who lost his leg. Across all cases, our attorneys bring more than 170 years of combined experience and the firm has recovered over $100 million. Every case is different, and past results do not guarantee a similar outcome.

Serving Brain Injury Clients Across East Tennessee and the State

We represent people hurt throughout Knox County, from Knoxville and Farragut to Powell, Halls, and Karns, and across neighboring Blount County, including Maryville and Alcoa. In Sevier County we handle cases from Sevierville, Pigeon Forge, and Gatlinburg, where visitor injuries on the Parkway, at attractions, and in rental cabins are common. Our roots run through Anderson County and Clinton, and we serve clients in Oak Ridge, Oliver Springs, and Norris as well.

We also serve Campbell County, including LaFollette, and clients in Roane, Claiborne, Morgan, Jefferson, and Monroe counties. Beyond East Tennessee, we represent injured people in Johnson City, Nashville, and Memphis, and anywhere else in the state. Wherever a brain injury happened, we can review your case and travel to you when your injuries make it hard to come to us.

Frequently Asked Questions About Tennessee Brain Injury Claims

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

The general deadline is one year from the date you were hurt. A two-year period can apply if the person who caused the injury was criminally charged within that first year and you sue that person. Claims against local government entities and health care providers have their own one-year rules.

What if my symptoms did not appear until days or weeks after the accident?

Delayed symptoms are common with concussions and other brain injuries. See a doctor as soon as you notice them and tell the provider about the accident. The claim is still measured from the date of injury, so waiting to see if things improve can cost you filing time.

Can I have a brain injury claim if my CT or MRI looked normal?

Yes. Standard imaging often misses mild and diffuse injuries. Neurological exams, neuropsychological testing, and consistent treatment records can establish the injury even when scans are clear.

What compensation is available in a Tennessee brain injury case?

You can seek medical bills, future care costs, lost income, reduced earning capacity, and compensation for pain and diminished quality of life. Economic losses are not capped. Noneconomic damages are generally limited to $750,000, or $1 million for a defined catastrophic injury, with exceptions such as intoxicated defendants.

Does fault on my part end my claim?

Not unless you are 50 percent or more responsible. Below that line you can recover, but your award is reduced by your percentage of fault. Tennessee also allows fault to be assigned to people who are not parties to the lawsuit.

Is a brain injury considered a catastrophic injury under the damage cap?

The statute’s catastrophic category covers specific harms such as paraplegia, quadriplegia, certain amputations, severe burns, and the wrongful death of a parent of minor children. A brain injury is not listed by itself, so the higher cap depends on the facts of the case.

What if the at-fault driver has only minimum insurance?

Tennessee’s minimum is $25,000 per person for bodily injury, which a serious brain injury will exceed quickly. We look at your uninsured or underinsured motorist coverage, other responsible parties, and other available insurance to find additional recovery.

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

Often yes, and you should use it rather than delay care. Health plans and some other payers may seek repayment from a settlement, so we address those reimbursement claims during the case to protect what you keep.

My family member died after a head injury. Who can bring the claim?

The right of action passes to the surviving spouse first, then to children or next of kin, or it may be brought by a personal representative. The one-year deadline runs from the date of the injury, not the date of death.

I was hurt on vacation in the Smokies and live out of state. Can you handle my case?

Yes. We represent many visitors hurt in Sevier County and elsewhere in Tennessee. You generally will not have to travel back for every step, and we keep you updated as your case moves forward. If the injury happened inside the national park and a federal employee is responsible, the Federal Tort Claims Act requires a written administrative claim to the government within two years before suit.

How long does a brain injury case take?

It depends on how stable your condition is and how contested fault is. These cases often take longer than ordinary injury claims because we wait until the long-term medical picture is clear before putting a value on it. If an insurer will not pay what the case is worth, our trial lawyers are prepared to present it to a jury.

Talk With a Tennessee Brain Injury Attorney Today

If you or someone in your family has suffered a head injury because of another person’s carelessness, a Tennessee brain injury attorney at Fox, Farley, Willis & Burnette can review what happened, explain your options, and tell you honestly what the claim may be worth. The consultation is free, and you pay no attorney fees unless we recover compensation. Call us to talk through your situation, and we can come to you if you are home or in the hospital.