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Personal injury attorney consulting with client about case

Chattanooga, Tennessee

Personal Injury Attorney

Not every injury case is worth pursuing, and we'll tell you that upfront. No false hope. No inflated promises. Just realistic assessments and aggressive representation for cases we believe in.

Free Case Evaluation

The Truth About Personal Injury Claims

Here's what most personal injury attorneys won't tell you: Not every case is worth pursuing. Sometimes the insurance coverage is too low, the liability is too unclear, or the injuries are too minor to justify the time and expense of a lawsuit. We turn down more cases than we accept, and we're upfront about it.

Personal injury law has a reputation problem, and it's partly deserved. Too many attorneys take every case that walks through the door, make inflated promises about settlement values, and then pressure clients into quick, low settlements. They run their practices like volume businesses, churning cases for fast fees rather than fighting for maximum recovery.

That's not how we operate. When you come to us with an injury claim, we evaluate it realistically. What are the medical bills? What's the insurance coverage? How clear is the liability? What's the realistic case value based on similar verdicts and settlements? If your case is strong, we'll fight aggressively for every dollar you deserve. If it's weak, we'll tell you upfront so you can make an informed decision.

We work on contingency, meaning you don't pay attorney fees unless we recover money for you. Our fee is typically 33% if we settle before filing suit, 40% if we file a lawsuit. That might sound like a lot, but studies consistently show that represented injury victims receive 3-4 times more compensation than unrepresented victims, even after attorney fees. Insurance companies know who has lawyers and who doesn't, and they adjust their offers accordingly.

Tennessee law gives you one year from the date of most accidents to file a lawsuit. Miss that deadline, and your case is dead no matter how strong it was. Don't wait months to call us thinking your injuries will resolve on their own. Call early, get an realistic assessment, and protect your rights.

Cases We Handle

Car Accidents

Car accident cases are our bread and butter. Rear-end collisions, T-bone crashes, head-on collisions, multi-vehicle accidents - we've handled hundreds. Tennessee follows modified comparative fault rules, meaning you can recover damages even if you share some blame, as long as you're less than 50% at fault.

Common car accident cases:

  • Rear-end collisions causing whiplash and soft tissue injuries
  • T-bone accidents at intersections with serious impact injuries
  • Head-on collisions resulting in catastrophic injuries
  • Multi-vehicle pileups with disputed liability
  • DUI accidents with punitive damages potential
  • Uninsured and underinsured motorist claims
  • Hit-and-run accidents using your UM coverage

We obtain police reports, witness statements, medical records, and sometimes accident reconstruction expert opinions to prove fault. Insurance companies have teams of adjusters and lawyers working to minimize payouts. You need someone in your corner who knows their tactics.

Premises Liability

Property owners owe visitors a duty to maintain reasonably safe premises. When they breach that duty and someone gets hurt, they're liable for damages. But proving premises liability is harder than car accident cases because you must show the owner knew or should have known about the dangerous condition.

Premises liability claims:

  • Slip and fall on wet floors without warning signs
  • Trip and fall on broken sidewalks or parking lots
  • Inadequate lighting leading to falls or assaults
  • Negligent security resulting in criminal attacks
  • Dog bites and animal attacks on property
  • Swimming pool accidents without proper barriers
  • Falling merchandise in stores

Tennessee law requires injured parties to prove the property owner had actual or constructive notice of the hazard. If you fall on a spill that just happened, you probably can't recover. If you fall on a hazard the owner knew about for days, you can. Evidence preservation is critical - photos of the scene, witness statements, incident reports, and maintenance records can make or break these cases.

Wrongful Death

When someone dies due to another person's negligence or intentional conduct, certain family members can bring wrongful death claims. These are the most devastating cases we handle, and we approach them with the seriousness and compassion they deserve while fighting aggressively for fair compensation.

Wrongful death claims include:

  • Fatal car, truck, and motorcycle accidents
  • Medical malpractice resulting in death
  • Workplace accidents and negligence
  • Defective products causing death
  • Nursing home abuse and neglect
  • Pedestrian and bicycle fatalities
  • Criminal acts due to negligent security

Tennessee law allows the deceased person's spouse, children, or parents to recover damages including funeral expenses, medical bills before death, lost future income, and loss of companionship. These cases require calculating the economic value of a life - something no formula can truly capture, but juries and insurance companies need numbers. We work with economists and life care planners to present compelling damage evidence.

Medical Malpractice

Medical malpractice cases are complex, expensive, and difficult to win. Tennessee law requires expert testimony proving the healthcare provider breached the standard of care and caused injury. We're selective about med mal cases because they require significant upfront investment in expert witnesses, and many don't pan out. But when we take one, we commit fully.

Medical negligence cases:

  • Surgical errors and wrong-site surgery
  • Misdiagnosis or delayed diagnosis of cancer or stroke
  • Medication errors and prescription mistakes
  • Birth injuries and cerebral palsy
  • Anesthesia errors causing brain damage
  • Emergency room negligence
  • Failure to obtain informed consent

Tennessee requires pre-suit notice to healthcare providers and has caps on non-economic damages. We need to obtain and review extensive medical records, consult with medical experts, and often file a certificate of good faith before proceeding. These cases take 2-3 years minimum, cost $50,000+ in expert fees, and require complete commitment. We only take cases where the standard of care breach is clear and damages are substantial.

Our Personal Injury Process: What to Expect

Personal injury cases follow a predictable process, though timelines vary based on injury severity and case complexity. Here's what happens when you hire us:

1

Free Case Evaluation

Timeline: Initial call or meeting, typically 30-60 minutes

Tell us what happened, who was involved, what your injuries are, and whether you've talked to insurance. We'll ask about police reports, witness information, and your medical treatment. We'll give you an realistic assessment: Is liability clear? Are damages substantial enough to pursue? What's the insurance coverage? If your case is strong, we'll explain next steps. If it's weak, we'll tell you why and whether you should pursue it on your own.

Bring if you have them: Police report, photos of accident scene and injuries, medical records, insurance information, witness contact details.

2

Investigation & Evidence Gathering

Timeline: 2-4 weeks

Once you hire us, we immediately send representation letters to insurance companies telling them to deal with us, not you. We obtain police reports, witness statements, medical records, and employment records showing lost wages. For serious cases, we hire accident reconstruction experts or engineers to evaluate fault. We photograph accident scenes and vehicle damage before evidence disappears. Quick investigation is critical because memories fade and evidence gets lost.

Your role: Continue medical treatment as recommended by doctors, keep all appointment records, document how injuries affect daily life, don't talk to insurance adjusters.

3

Medical Treatment & Documentation

Timeline: Varies widely - weeks to years depending on injuries

We cannot settle your case until you finish medical treatment and reach maximum medical improvement. Settling early risks leaving money on the table because we don't know final medical costs or whether you'll have permanent limitations. We track your treatment, obtain records and bills, and stay in contact with your doctors. For serious injuries, we hire life care planners to calculate future medical costs. Insurance companies push for quick settlements - we resist until we know your full damages.

Critical: Follow doctor's orders, attend all appointments, don't miss physical therapy, document symptoms in writing. Gaps in treatment hurt case value.

4

Demand & Negotiation

Timeline: 4-8 weeks

Once treatment is complete, we prepare a comprehensive demand package including medical records, bills, wage loss documentation, and a detailed demand letter explaining liability and damages. We send this to the insurance company and give them time to review. They'll respond with an offer - almost always lower than our demand. We negotiate back and forth, using comparable verdicts and settlements as leverage. Many cases settle during this phase. We keep you informed throughout and won't settle without your approval.

Realistic expectations: First offers are typically 30-50% of demand. Good cases settle for 60-80% of demand after negotiation. Poor offers mean we file suit.

5

Litigation (If Necessary)

Timeline: 12-24 months from filing to trial

If negotiations fail, we file a lawsuit in the appropriate Tennessee court. This triggers formal discovery - interrogatories, document requests, depositions. Both sides exchange evidence and take witness testimony under oath. We hire expert witnesses if needed. Most cases settle during litigation once the insurance company realizes we're serious about trial. If we can't settle, we go to trial and let a jury decide. Litigation is expensive and time-consuming, but sometimes it's the only way to get fair compensation.

Your role: Appear for deposition, provide requested documents, meet with us before trial, testify truthfully if case goes to trial.

6

Settlement or Verdict

Timeline: Final step

Whether through negotiation, mediation, or trial verdict, cases eventually resolve. You receive settlement funds minus attorney fees, advanced costs, and any medical liens. We handle lien resolution so you don't get surprise bills later. For settlements, you sign a release ending the claim forever. For verdicts, the other side might appeal, delaying final payment. We explain everything before you commit. Once you're paid and liens are satisfied, the case is over.

Fee structure: 33.3% if settled pre-suit, 40% if litigation required. Costs (filing fees, medical records, expert fees) deducted from settlement. You net the remainder.

Contingency Fee Structure (You Pay Nothing Unless We Win)

Attorney Fees:

  • 33.3% (one-third) if case settles before filing lawsuit
  • 40% if we file lawsuit and litigate the case
  • 0% if we don't recover compensation for you

Case Costs: We advance costs including filing fees ($400+), medical record fees ($50-500), expert witness fees ($2,000-10,000+), and deposition costs ($300-500 each). These are reimbursed from your settlement or verdict before calculating attorney fees.

Example Settlement: $50,000 settlement, $2,000 costs, 33.3% fee:
$50,000 - $2,000 costs = $48,000
$48,000 x 33.3% = $16,000 attorney fee
You net: $32,000

Medical liens (unpaid medical bills, health insurance, Medicare/Medicaid) must be repaid from your settlement. We handle all lien resolution.

Frequently Asked Questions

How much is my personal injury case worth?

Case value depends on medical bills, lost wages, injury severity, liability clarity, and insurance coverage. Minor soft tissue injuries might settle for $5,000-$15,000. Significant injuries with clear liability can reach $50,000-$500,000+. But there's no formula - each case is unique. We'll give you an realistic assessment based on similar cases, not inflated promises. If the at-fault party has minimal insurance, that limits recovery regardless of your injuries. We discuss realistic expectations upfront, not at settlement time.

How long does a personal injury case take?

Simple cases with clear liability settle in 3-6 months. Complex cases involving serious injuries or disputed liability can take 12-24 months, sometimes longer if we go to trial. Tennessee's statute of limitations is 1 year for most injury claims, so you need to act quickly. We can't rush your medical recovery - you should settle only when you know the full extent of your injuries. Quick settlements often undervalue cases because we don't yet know if you'll need future treatment. Patience usually results in better outcomes.

What if I was partially at fault for the accident?

Tennessee uses 'modified comparative fault' - you can recover damages if you're less than 50% at fault, but your recovery is reduced by your fault percentage. If you're 20% at fault and damages are $100,000, you recover $80,000. If you're 50% or more at fault, you get nothing. Insurance companies will try to blame you to reduce their payout. We document evidence showing their insured was primarily responsible. Even if you think you share some fault, talk to us - liability assessments are complex and often different than people assume.

Do I need an attorney for a car accident claim?

For minor accidents with clear liability and small medical bills, you might handle it yourself. For anything involving significant injuries, disputed fault, or lowball insurance offers, get an attorney. Insurance companies pay unrepresented claimants less because they can. Studies show represented claimants receive 3-4x more on average, even after attorney fees. We work on contingency - you don't pay unless we recover money. If your case isn't worth pursuing, we'll tell you upfront instead of wasting your time and ours.

What does contingency fee mean?

We get paid a percentage of your recovery, typically 33% before lawsuit, 40% if we file suit. If we don't win, you pay nothing. We advance case costs (filing fees, medical records, expert fees) and get reimbursed from settlement. This lets injured people afford quality representation without upfront costs. The percentage might seem high, but represented clients typically net more than unrepresented clients, even after fees. We're motivated to maximize your recovery because our fee depends on it.

Should I give a recorded statement to the insurance company?

No, not without talking to an attorney first. Insurance adjusters use recorded statements to lock you into early versions of events before you fully remember details or understand your injuries. They'll ask leading questions designed to minimize your claim. Tennessee law doesn't require you to give recorded statements to the other party's insurance (you may owe a statement to your own insurance under your policy). Politely decline and tell them you'll provide written documentation. Call us first - once you give a statement, you can't take it back.

What if the other driver had no insurance?

You can still pursue a claim, but collecting is difficult if they have no assets. This is where your own uninsured motorist (UM) coverage helps - it pays your damages when the at-fault driver has no insurance. Many Tennessee drivers carry UM coverage and don't realize it. Check your auto policy declarations. UM claims go against your insurance, but it shouldn't raise your rates since you're not at fault. If you have no UM coverage and the other driver is broke, your options are limited. This is why we tell everyone to carry UM coverage.

When should I settle my injury claim?

Never settle until you finish medical treatment and know your prognosis. Settling early often means leaving money on the table because you don't yet know if you'll need future treatment or have permanent limitations. Once you settle and sign a release, it's over - you can't reopen the claim if problems develop later. Insurance companies push quick settlements for this reason. We recommend settling when you've reached 'maximum medical improvement' - the point where doctors say you're as good as you're going to get. That might be weeks or months, depending on your injury.

Past results do not guarantee similar outcomes in future cases. Each case is unique and results depend on specific facts, circumstances, applicable law, insurance coverage limits, and other factors. The examples and typical settlement ranges provided in this page are for educational purposes only and do not constitute a guarantee, warranty, or prediction of the outcome of any future case.

Get a Realistic Case Evaluation

No inflated promises. No false hope. Just a straightforward assessment of whether your case is worth pursuing and what it's realistically worth.

Call us directly:

(423) 777-6116

Or schedule your free consultation online:

Free Case Evaluation

Free case evaluation. No obligation. If we don't think your case is worth pursuing, we'll tell you. If it is, we work on contingency - you pay nothing unless we win.

Serving Chattanooga and Surrounding Tennessee Communities

The Burd Law Firm represents personal injury victims throughout the Chattanooga metropolitan area and surrounding Tennessee counties. We handle cases in Hamilton County, Bradley County, Marion County, Sequatchie County, and beyond.

Office Location:
412 Georgia Ave Suite 102
Chattanooga, TN 37403

Office Hours:
Monday - Friday: 9:00 AM - 5:00 PM
Evening and weekend appointments available by request

Licensed to practice in Tennessee, Alabama, and Georgia. We can represent clients injured in any of these states, though most of our personal injury cases are in Tennessee.

Important: Tennessee has a 1-year statute of limitations for most personal injury claims. This means you have only one year from the accident date to file a lawsuit. Miss this deadline and your case is dead, no matter how strong it was. Don't wait months to call us. The sooner you contact us, the better we can preserve evidence and protect your rights.