Talk to Who Will Listen… Representing People & Families in Serious Injury
& Wrongful Death Cases
Tennessee / East Tennessee attorney Larry V. Roberts concentrates on representing a few people who are seriously injured and families who have lost a loved one after a serious injury.
Most of the serious personal injury cases handled by Larry V. Roberts are in Tennessee, including the Knoxville / East Tennessee / Johnson City / Kingsport / Bristol area and Virginia, including Bristol and Roanoke. However, with a network of attorneys throughout the country, Larry V. Roberts partners with other serious personal injury attorneys in other states to represents people and families throughout the country.
Serious personal injury can result to someone in many ways such as an auto accident, truck accident, motorcycle accident or medical malpractice.
When a business does not keep its premises safe for people to shop or a nursing home is neglectful in taking care of its residents, a life-changing serious personal injury can occur.What Compensation is Received in Tennessee for a Personal Injury Claim?
Medical Expenses – the cost of medical care, services and supplies reasonably required and actually given for treatment of injuries received because of the negligence. Also, the present cash value of treatment, services or supplies required in the future.
Loss of earning capacity – the value of wages or earnings lost in the past and present cash value of wages or earnings likely to be lost in the future. A vocational specialist and economist will consider your age, education, prior work history and limitations caused by the negligence to calculate and testify as to the present cash value of wages or earnings likely to be lost in the future.
Pain and suffering – the reasonable value of compensation for physical and emotional pain, discomfort and suffering from the date of the negligence to resolution of your claim by settlement or trial. Also, reasonable compensation for physical and emotional pain, discomfort and suffering from the date your claim is resolved by settlement or trial to the end of your projected life expectancy.
Permanent injury – the reasonable value of compensation for the fact that you have an injury that you must live with for the rest of your life.
Disfigurement – this is a specific type of permanent injury that impairs a person’s beauty, symmetry or appearance.
Loss of enjoyment of life – this takes into account the loss of the normal enjoyments and pleasures in life in the future, including limitations on a person’s lifestyle from injuries caused by the negligence.What Compensation is Received by a Spouse in Tennessee for Personal Injury to a Spouse?
Reasonable value of medical care, services and supplies – the reasonable value of medical care, services and supplies actually given for treatment of injuries to your spouse.
Expenses attending the spouse in the hospital – the reasonable value expenses incurred while taking care of your spouse while in the hospital.
Reasonable value of injured spouse’s services lost – the reasonable value for the loss of services and care you spouse could have provided if not for injuries from the negligence. Also, the present cash value for those services and care that will be lost in the future.
Loss of Consortium – reasonable value of your spouse’s companionship, acts of love and affection lost during the course of your married life as a result of injuries from the negligence.What if I Had a Prior Injury That was Made Worse by the Negligence?
If you had a prior injury that was made worse by someone’s negligence, the law in Tennessee is that you may receive compensation for the additional injury or harm resulting from the negligence even if the pre-existing injury made it more likely for you to be injured.
If it is impossible for the jury to apportion the amount of injury or pain from the pre-existing injury, the law in Tennessee is that the company or person that was negligent is responsible for all the harm you have after the negligence.How Long do I Have to File a Lawsuit for Personal Injuries in Tennessee?
You have 1 year from the date someone is negligent to file a lawsuit in Tennessee for personal injuries. There are exceptions to the 1 year statute of limitations if the injuries are a result medical or healthcare negligence. If the negligence of someone is not apparent when they are negligent, the discovery rule allows 1 year from the date of discovering the negligence of that persons to file a lawsuit for personal injuries.
If personal injuries are a result of medical or healthcare negligence, by medical or healthcare malpractice, you must still comply with the statutory provisions for giving notice of a 120 days.Is There a Limit on the Amount Received in Tennessee From a Claim for Serious Injuries?
There is a cap of $750,000.00 for non-economic damages in Tennessee with a claim for serious personal injuries. Non-economic damages include pain and suffering, loss of enjoyment of life, disfigurement and permanent injury.
There is no cap on the amount of economic damages in Tennessee with a claim for personal injuries. Economic damages include medical bills, loss of past and future lifetime earnings, rehabilitative care and long-term care.If I Have a Trial with a Lawsuit for Personal Injuries, Will People on the Jury Know the Person That Injured Me Has Insurance?
The insurance industry, business, health care industry and nursing home industry lobby our legislators in Tennessee to make sure jurors do not know whether the defendant in a personal injury or wrongful death lawsuit has insurance. If you are a juror for a serious personal injury or wrongful death lawsuit in Tennessee, including the Knoxville / East Tennessee / Johnson City / Kingsport / Bristol area, be assured that most likely the defendant has liability insurance to cover any verdict that jurors will return against a defendant.
How long you have to file a lawsuit in Tennessee is called the ‘statute of limitations’. If you have been injured in Tennessee because of someone’s negligence, the statute of limitations to file a lawsuit for personal injuries is 1 year from the date of that negligence. The only other states with a 1-year statute of limitations are Kentucky and Louisiana. Many states have a 2-year statute of limitations. Maine allows you 6 years to file a personal injury lawsuit.
An exception to the 1-year statute of limitations in Tennessee is when someone under 18 years old is injured. For someone under 18 years old, the statute of limitations begins on the day of their 18th birthday. That person then has 1 year from the day of their 18th birthday to file a personal injury lawsuit. However, if the injury to someone under 18 years old was caused by medical malpractice the statute of limitations expires much sooner. There are certain laws that apply to a child who is injured in Tennessee by the negligence of a health care provider for the statute of limitations to file a lawsuit. That is why it is so important to call a Knoxville personal injury lawyer or medical malpractice lawyer if you have a child who has been injured because of medical malpractice.What Does It Mean When Someone is Negligent?
The law in Tennessee requires that everyone in the community use ordinary care in their actions with others. That means everyone in the community is expected to act as a reasonable person. When our actions are not reasonable that means we are negligent.
How is it determined what is reasonable? When a lawsuit for personal injuries is filed in Tennessee, the people in the community who are on the jury will decide whether the conduct of the person the lawsuit was filed against acted reasonable under the circumstances.Should I File a Lawsuit if I am Injured Because of Someone’s Negligence?
Unless you have suffered an injury that is permanent it generally would not be best to file a lawsuit for personal injuries in Tennessee.
If you have suffered an injury that will heal in a few moths such as a sprain or strain, its usually best for you to settle the claim with the insurance company adjuster without hiring an attorney. You will end up with more money and it will not take as much time to resolve your claim. If this applies to your claim you may call my office and I will be glad to let you know if the insurance company offers you a reasonable amount of compensation for your claim.
If someone’s negligence caused you serious personal injuries and you happen to have been negligent also, the amount of your negligence will be applied to reduce the amount of compensation you may be entitled to for compensation. This is called ‘comparative fault’. In Tennessee, if your fault with causing an accident is greater than the other person, you would not receive compensation for your injuries.
If you, a family member or a loved one have been seriously injured because of the negligence of someone, you should contact Knoxville personal injury lawyer Larry V. Roberts to schedule a free video conference consultation to fully discuss all aspects of your claim and injuries.What Types of Compensation is Paid if I am Seriously Injured?
The law in Tennessee provides certain types of compensation when you are seriously injured. That compensation includes medical expenses for treatment of injuries which includes future medical treatment, convalescent care, rehabilitative care and long-term care; the amount earnings you have been deprived of from not working from the day of injury up to when you return to work; loss of future earnings that is projected for your expected work-life; permanent injury; disfigurement and loss of enjoyment of life are separate elements of damages for which the law in Tennessee compensates a seriously injured person for their life expectancy; and, loss of consortium which is deprivation of the care, companionship and services of a spouse.