Personal Injury Lawyer Kingsport, TN
Everyday, a Kingsport Personal Injury Lawyer at The Law Offices of Mark T. Hurt speaks with people who have been injured in a slip and fall accident due to unsafe conditions on a property. When a personal injury accident like this unfolds, it can leave people with frustration and plenty of questions. We hope that if you or someone you love was recently hurt in an accident that wasn’t their fault, that you consider reaching out to a member of our legal team for support.
Where do slip and falls happen most often?
Slip and fall accidents can occur basically anywhere, from shopping malls to sidewalks and playgrounds, or a friend’s rental apartment. Knowing what to do after a slip and fall is imperative to the outcome of your developing case. Victims are advised to speak with a legal team familiar with personal injury law for a consultation and to discuss compensation eligibility. As your Lawyer for Kingsport Personal Injury cases can explain, there are certain factors that tend to be present when someone has taken a fall, and can include:
- Poor lighting
- Pavement cracks or defects
- Ice or snow buildup
- Raise, torn, or curled carpeting
- Broken handrails
- Spilled food or liquids
- Depressions in the ground or floor
- Stray wires and electrical cords
What is premises liability?
A common mistake people make is that they automatically assume the fall is their own fault. But for some situations, this proves to not be the case. Landlords, homeowners, and business owners have a duty to maintain a property with reasonably safe conditions at all times. If they deter from this expectation, they may be held accountable by law under premises liability, and victims may be owed restitution for what they endured. Injuries that tend to be associated with premises liability cases are:
- Spinal cord damage
- Neck or back injury
- Injured or fractured knees
- Soft tissue wounds
- Mental trauma from the incident
- Dislocated shoulder
What evidence do I need?
If you are thinking about taking legal action against the person at-fault for your premises liability case, then you must gather as much evidence that supports your side of the story as possible. Without proof, it will be difficult to have strong grounds for a case and receive fair compensation. Before proceeding, consider talking with a lawyer about what to do next. A Personal Injury Lawyer in Kingsport at The Law Offices of Mark T. Hurt is ready to hear more about your case.
Why do I need a lawyer if the at-fault party’s insurance company will be paying my damages?
When you have been injured because of another party, you will likely be filing a claim against that party’s insurance policy, such as automobile accident liability insurance policy or homeowner’s insurance policy. However, it is important to remember that insurance companies are in the business to make money; therefore, their goal is to pay the least amount of damages possible. Even your own insurance may give you a hard time if you file a claim under your own policy, such as in the case of an uninsured/underinsured driver.
When you are dealing with the other party’s insurance company, it often becomes more difficult for them to quickly and fairly process your claim. No matter what type of accident you were injured in that leaves you dealing with another party’s insurance company, it is usually in your best interest to have a lawyer representing you.
What type of difference will having a lawyer make?
Each Kingsport personal injury lawyer at our firm knows how manipulative and underhanded insurance adjusters can be. Some insurance adjusters are trained to steer conversations in such a way to get victims to admit fault – or at least partial fault – in order to excuse the insurance provider from paying up. Even an innocent statement like, “I’m sorry the accident happened,” might be used against you to show you were at least partly liable for the accident.
Other tactics some insurance companies use is to drag out processing the claim or offer an unfair settlement amount. These companies know that many people who are dealing with a serious injury are probably unable to work and might not be getting any income in and the type of financial stress this causes. The longer the company takes to settle, the more in debt a victim may become — and the more likely they will be to take whatever settlement amount the insurance company offers in order to just pay their bills.
However, when you have a lawyer representing you, these tactics will not work – and likely will not even be attempted – because the insurance company is forced to deal with your lawyer.
Where do I find a qualified lawyer who can help me?
Look no further than The Law Offices of Mark T. Hurt. Call our office today to schedule a free consultation with a dedicated personal injury lawyer in Kingsport and find out what legal options you may have.
Does My Injury Warrant a Lawsuit?
It can be hard to tell whether or not you should take legal action after an injury, but with the help of a Kingsport personal injury lawyer, you can learn more about whether a lawsuit makes sense in your situation. Any kind of personal injury can affect your life, so it’s more important than ever to get the compensation you need.
Do you need help from a qualified personal injury lawyer? Every case is different, and you should always touch base with a legal professional to see whether or not your case has a chance of delivering the results you want. Read on to learn more about common personal injuries, and see how a Kingsport personal injury lawyer can help.
Common Examples of Personal Injuries:
Slip and falls are some of the most common personal injuries experienced on private property or businesses. Unfortunately, because they seem so innocent and minor at first, victims of slip and falls aren’t usually proactive when it comes to suing for damages. But what is a slip and fall, and what makes them so dangerous?
A slip and fall is exactly what it sounds like. You’re minding your own business, and suddenly you slip, trip, or take a minor tumble. They can happen anywhere, and can be due to a number of a culprits: icy stairs, slippery tile, or improperly secured cables to name a few. Slip and falls can be more embarrassing than painful, which makes them particularly dangerous for the victim. Oftentimes, it isn’t until much later when they realize that a certain medical issue can be traced directly to the accident. All the more reason to get in touch with a lawyer ASAP.
Car accidents are another common cause of personal injuries. Whether it was due to bad weather, improper urban planning, or just plain distracted driving, every car accident is serious, and comes with the potential for life-changing injuries. When you’ve been affected by a car accident, you have to get in touch with a legal professional who can investigate your accident and determine what parties are at fault.
Car accidents come in all shapes and sizes, and sometimes there is more than one cause. If your accident was caused by a drunk driver, it’s easy to point out who was responsible for your injuries. But if the drunk driver didn’t see you because the layout of the road, you might be able to hold the city accountable as well. A personal injury lawyer can help you determine who else was to blame for your injuries.
Faulty equipment can also cause serious injury, whether in a professional or personal application. A ladder or scaffolding that wasn’t constructed according to reasonable safety expectations shouldn’t be used by anyone, and whoever pushes you to use such a device while on the job should be held responsible for your injuries.
On the other hand, lots of faulty appliances can cause injuries in the home. Some devices are improperly designed and can cause shocks, burns, or worse. It’s important to take note if you’ve been injured by anything in your own home, and it’s important to get in touch with a lawyer who can help you decide whether you should take legal action against manufacturers for defects.
Six of the Most Common Personal Injury Case Types We Handle
- Car Accidents: The Kingsport personal injury lawyer team at The Law Offices of Mark T. Hurt has extensive experience handling all kinds of car accident cases. No two car accident cases ever unfold under exactly the same circumstances. Therefore, it is important to have your unique car accident thoroughly investigated and your case assessed for strengths and weaknesses before committing to any kind of legal plan of action. You may be entitled to significant compensation from one or more parties but fault and causation issues are unlikely to be made clear at first glance. Working with our firm can help to ensure that you receive any and all compensation to which you are entitled.
- Truck Accidents: When trucks crash, the consequences can be catastrophic. Adding to the stress of significant injuries and property damage is the reality that most truck accident cases are inherently complex. Most truck accident cases involve more than one defendant and often involve battling a trucking company that employs many lawyers simply to limit its liability. Don’t take on the trucking industry alone. Allow our experienced attorneys to help.
- Motorcycle Accidents: While motorcycles have every bit as much right to travel American roads as cars and trucks do, bikers are rarely afforded the courtesy and respect that they deserve. When motorcycles crash, bikers are usually the first to get injured and are often injured severely. If you have been injured in a motorcycle accident, even if the circumstances were partially your fault, you may be entitled to significant compensation from the others involved in the crash.
- Wrongful Death: When a loved one is injured due to another’s negligence, recklessness, or intentionally dangerous behavior, and that loved one passes away as a result of their injuries, their surviving loved ones may be entitled to compensation via a wrongful death lawsuit. If their death was work-related, they may be entitled to workers’ compensation death benefits. If you have recently lost a loved one and are unsure of what compensation you are entitled to, connect with our firm today.
- Work Injuries: When hardworking people suffer injuries on the job, the experienced legal team at The Law Offices of Mark T. Hurt is here to help ensure that they receive any and all compensation to which they may be entitled. Our Kingsport personal injury lawyer team understands how to hold negligent, reckless, and intentionally dangerous parties accountable via lawsuits and how to secure rightful benefits via the workers’ compensation system.
6 MOST COMMON PERSONAL INJURY CASE INFOGRAPHIC
Why Do Personal Injury Incidences Happen?
There are many reasons as to why personal injuries end up happening. However, one of the most common reasons, as to why they take place on the road, is due to carelessness. For example; as talked about above, road accidents, such as truck or car accidents, are some of the most common reasons why personal injuries can happen. At the same time though, the core reason why personal injuries on the road occur, is because people do not have regard for the safety of others. One example of this, would be someone speeding on the road and not regarding the safety of other drivers. An example of this would be if someone attempts to jump through a red light or a stop sign, because they are in a hurry to get somewhere. Even though people are sometimes nearly late to their places of work, there still need to be a regard for others, and a failure to do this, has consequences.
What is Road Rage and How Does it Relate to Personal Injuries?
Road rage is an individual who is aggressive on the road and puts people at risk, in a number of ways. For example; an aggressive driver could end up hitting a pedestrian, if they do not yield to them, when the pedestrian is allowed to cross the street. Moreover, other examples of road rage, as it relates to personal injuries, involve potential car accidents, such as due to suddenly cutting people off and jumping in front of them. Moreover, there is also tailgating as well. This is when a driver wants another driver ahead of them to speed up. However, this can also lead to personal injury incidents, because if the driver ahead has to suddenly put on the brakes (especially on a busy road), people will end up being injured, as a result. In other words, personal injuries can end up having major consequences for everyone involved, and not just the person who was the main cause of the injury. Of course, this depends on the type of injury at hand.
What Elements Must be Present For a Successful Personal Injury Case?
Pursuing compensation for losses will require evidence to prove each essential element of the claim. The plaintiff taking legal action holds the burden of proof, meaning they must submit proof that the defendant was negligent based upon the preponderance of the evidence. Examples of proof would be aspects such as audio tapes, videos, pictures of the damage that was done, and more. This is why when a personal injury case happens, it is important for the victim to collect evidence. This is not only referring to evidence that the victim ended up suffering, but also evidence of the perpetrator of the personal injury as well. This will aid in collecting multilayered evidence. The preponderance of evidence proves that it is more likely than not that the defendant’s actions were negligent. To do so, the lawyer representing the plaintiff will gather evidence in support of each critical element to personal injury:
- Duty of Care: another person owed a duty to the victim
- Breach: that person’s negligent actions resulted in a breach of their duty of care
- Causation: the accident and the other person’s behaviors caused the accident
- Damages: resulted from the accident, including physical injuries, medical expenses, property damages, etc.
What Are Some Signs to Contact a Lawyer For This Type of Case?
Following an accident, our Kingsport, Virginia personal injury lawyer knows that it can be challenging to know whether to move forward with the case. While legal action may appear evident at times, it may be difficult to decipher in other situations. However, suppose the defendant’s lawyer has contacted you, suffered losses in some way, or is unsure of whether negligence is present. In that case, it’s advantageous to reach out by scheduling a complimentary consultation with a legal professional. Moreover, there are other reasons why when it comes to personal injury cases, people should contact a lawyer as well. As mentioned, sometimes personal injury cases can be difficult to decipher in some situations. As such, factors pertaining to whether a lawyer should be contacted, are not black and white. Some of the strongest examples of this, pertains to the severity of suffering that the person went through, which branch out into factors such physical and mental damage, as well as sometimes even both, whether a loved one was lost in a personal injury, the damage of the vehicle in a personal injury accident (such as a car, truck, or motorcycle crash, and more).
What is The Statute of Limitations For Personal Injury Accidents in Virginia?
The statute of limitations is the length of time plaintiffs have to pursue compensation for their losses. Typically the clock starts ticking at the time of the accident or upon discovering injuries. In Virginia, the statute of limitations is two years; once the timeframe expires, the ability to take legal action is no longer available. This is why it is important that a person knows about the statute of limitations, in relation to the kind of personal injury accident, that they are looking to get compensation and justice for. Moreover, this is also why a person should choose quickly, whether the personal injury that they want resolved, should be taken to court, because once the statute of limitations time limit has run out, legal action will no longer be open.
Should Victims Speak to The Insurance Company Without a Lawyer Present?
Speaking with the insurance company is a necessary task after experiencing an accident. It will be imperative to report the accident. However, victims may be contacted by the insurance company to inquire about the accident in some cases. At times, the victim can say something that could undervalue the claim inadvertently. It’s essential to proceed with caution by considering having your lawyer do the talking for you. They can help mitigate the risk of a lower claim or the dreaded claim denial.
How Long Does it Take to Negotiate a Settlement With the Opposing Side?
Most personal injury cases resolve through negotiations without ever entering a courtroom. Depending upon the complexity of the case and the significance of the damages, most cases can reach a resolution in as little as a few months. Sometimes people tend to avoid going to court, because of the costs, lengthy process and days that it could take for the situation to be resolved, and more. This is why people often try and solve personal injury cases through negotiations first, before more severe legal action has to be taken.
Get in Touch with The Law Offices of Mark T. Hurt
At the Law Offices of Mark T. Hurt, we understand the importance of financial compensation for any injuries you’ve experienced. Getting the right amount of money to cover your medical bills and lost wages is an important lifeline that can keep you afloat throughout your recovery. Reach out to us today to see how Kingsport personal injury lawyer can help.
Navigating Tennessee’s Post-Accident Insurance Contact Laws
The beautiful state of Tennessee, with its winding roads and scenic views, unfortunately, sees its share of vehicular accidents, as a Kingsport personal injury lawyer knows. When such incidents occur, it’s essential for drivers to be well-versed with the state’s legal requirements, especially concerning contacting insurance companies post-accident. Proper adherence to these guidelines not only ensures legal compliance but paves the way for a smoother claims process Call The Law Offices of Mark T. Hurt for help after an accident.
Immediate Actions Following An Accident
In Tennessee, the law requires drivers involved in accidents causing bodily injury, death, or property damage to report the incident to the local police or highway patrol. This legal mandate serves as a foundational step, ensuring an objective account of the accident. Concurrently, while there’s no state-imposed deadline to notify your insurer, most insurance policies necessitate reporting “promptly” or within a “reasonable” time frame. Delaying this step can lead to complications, including potential claim denials.
Gathering Vital Information On The Scene
While Tennessee laws don’t strictly dictate the kind of information you should gather post-accident, a comprehensive collection of details significantly aids the insurance notification process. Documenting the names, contact details, and insurance information of all involved parties, capturing photographs, and noting down witness accounts can provide a holistic view of the incident, aiding both legal and insurance processes.
Tennessee’s Stance On Determining Fault
A Kingsport personal injury lawyer knows that Tennessee follows the “at-fault” system in auto insurance. This implies that the driver responsible for causing the accident is liable for the damages sustained by the other parties involved. When you contact your insurance company, they typically initiate an inquiry to establish fault, relying heavily on police reports, your account, and the evidence gathered.
Understanding Comparative Fault In Tennessee
A distinctive aspect of Tennessee’s insurance and legal landscape is its adoption of the “modified comparative fault” rule. Under this principle, a party can recover damages only if their fault in the accident is determined to be less than 50%. Moreover, the compensation amount is reduced by their percentage of fault. Given this framework, when notifying your insurer about the accident, it’s vital to provide an accurate and comprehensive account, ensuring that the nuances of the event are thoroughly represented.
Leveraging Our Expertise
In the aftermath of an accident, our guidance can be instrumental. Our seasoned team, deeply familiar with Tennessee’s insurance laws, stands ready to guide clients through the post-accident maze. With a focus on safeguarding rights and ensuring transparent communication with insurers, we remain a trusted ally in these challenging times.
Ensuring Compliance And Protection
The period following a vehicular accident can be turbulent. With emotions running high and the looming procedural requirements, the road to recovery, both physical and procedural, can seem daunting. But knowledge is power. Being aware of Tennessee’s insurance contact laws post-accident positions you advantageously. And with us by your side, you have the assurance of expert guidance. If you’ve recently experienced an accident and are uncertain about the next steps or your rights, please reach out to us. Together, we’ll navigate this journey, ensuring your rights are prioritized every step of the way. Call The Law Offices of Mark T. Hurt to see how our Kingsport personal injury lawyer can help you after an accident.