Personal injury law encompasses a wide range of accidents and incidents that can profoundly impact a person’s life. From motor vehicle accidents and slip-and-fall accidents to dog bites and workplace injuries, these events share a common thread: they result from another party’s negligence or wrongful actions.
If you believe that you qualify for a personal injury lawsuit, the attorneys at Woodard Injury Law can help. Our Nashville personal injury attorneys bring a wealth of experience and a commitment to justice to every case we handle. We combine thorough case preparation with strategic advocacy to pursue the maximum compensation that you deserve.
Contact us today by calling (615) 216-5757 to discuss your legal options.
Woodard Injury Law Fights for the Rights of Injured People in Nashville
- Woodard Injury Law has 19 years of legal experience and a 99% case success rate in personal injury law. Our track record speaks volumes: we know what it takes to secure favorable outcomes for our clients.
- We believe in fostering a direct line of communication between you and your attorney. From day one, you will have your lawyer’s cell phone number so that you can reach them directly for updates, questions, or concerns.
- Each personal injury case is unique, which is why we tailor our approach to meet your needs. We will take the time to get to know you and your story so that we can develop the best possible strategy for moving forward.
Understanding Tennessee’s Personal Injury Laws
A personal injury occurs when a person suffers an injury to their body, mind, or emotions. These injuries are often caused by someone else, either through negligence, intentional actions, or professional malpractice.
In Tennessee, personal injury victims have the right to file a lawsuit against the at-fault party and recover compensation for the damages that they suffered. These claims can provide much-needed relief when you are dealing with medical bills, lost income, and property repairs after an accident.
However, you have a very limited amount of time to pursue a personal injury lawsuit. According to Section 28-3-304 of the Tennessee Code, you must file a claim within one year of your accident:
(1) Except as provided in subdivision (a)(2), the following actions shall be commenced within one (1) year after the cause of action accrued:
(A) Actions for libel, injuries to the person, false imprisonment, malicious prosecution, or breach of marriage promise;
(B) Civil actions for compensatory or punitive damages, or both, brought under the federal civil rights statutes; and
(C) Actions for statutory penalties.
There are some exceptions to this rule. For example, cases that involve criminal charges have a two-year filing period:
(2) A cause of action listed in subdivision (a)(1) shall be commenced within two (2) years after the cause of action accrued, if:
(A) Criminal charges are brought against any person alleged to have caused or contributed to the injury;
(B) The conduct, transaction, or occurrence that gives rise to the cause of action for civil damages is the subject of a criminal prosecution commenced within one (1) year by:
(i) A law enforcement officer;
(ii) A district attorney general; or
(iii) A grand jury; and
(C) The cause of action is brought by the person injured by the criminal conduct against the party prosecuted for such conduct.
One year may seem like a long time, but it can pass by very quickly while you are recovering from the accident. If you do not file the lawsuit on time, you could lose the right to seek financial compensation altogether. This is why you should consult with a Nashville personal injury lawyer as soon as possible after an unexpected accident—they can determine whether you are eligible for a claim and initiate your lawsuit before the deadline passes.
Common Personal Injury Cases in Nashville
At Woodard Injury Law, our personal injury attorneys represent Nashville residents in a wide range of personal injury lawsuits and insurance claims. These include:
- Motor Vehicle Accidents: Many personal injury claims involve serious car accident injuries. Woodard Injury Law has handled over 10,000 car accident claims in the last 19 years. We represent all collision victims, including pedestrians and motorcyclists, and have taken on claims involving busy interstates, intoxicated drivers, multi-vehicle collisions, and more.
- Commercial Truck Accidents: These accidents often result in severe injuries due to the size and weight of commercial vehicles. At the same time, they introduce complex issues of corporate policies, federal regulations, and employer liability. Our firm will navigate the claims process on your behalf and fight for a settlement that reflects the true value of your losses.
- Slip and Fall Accidents: These incidents fall under premises liability law and can occur in various locations, from supermarkets to private residences. When a slip and fall happens in Nashville, Woodard Injury Law will work to prove that the property owner knew or should have known about the dangerous condition that caused your fall.
- Workers’ Compensation Claims: Workplace injuries can have devastating effects on your ability to earn a living. We help injured workers navigate the complex workers’ compensation system so that they receive the full benefits they are entitled to. Our firm also explores potential third-party claims that may arise from workplace accidents.
- Wrongful Death: These claims arise when a person dies due to the negligence or intentional actions of another. We provide compassionate representation to families who have lost a loved one and work tirelessly to hold the at-fault party accountable.
The Role of Negligence in Nashville Personal Injury Claims
Negligence forms the cornerstone of most personal injury claims. This term refers to a failure to exercise reasonable care, resulting in harm to another person. The presence of negligence often determines whether you have a valid claim and affects the compensation you may be entitled to receive.
For a successful personal injury claim, you must typically prove that the defendant’s negligence directly caused your injuries and resulting damages. You and your attorney will need to prove four elements:
- Duty of Care: The defendant had a legal obligation to act in a certain way towards the plaintiff. For example, drivers must operate their vehicles safely and obey traffic laws. Property owners have a duty to remove or warn visitors about hazards.
- Breach of Duty: The defendant failed to fulfill their duty of care. This could involve actions (such as driving while intoxicated) or inactions (like failing to fix a known hazard on their property).
- Causation: The defendant’s breach of duty directly led to the plaintiff’s injuries. There must be a clear link between the negligent action or inaction and the harm that the victim suffered. If the defendant upheld their duty of care, the injury would not have happened.
- Damages: The plaintiff suffered actual harm, whether physical, emotional, or financial, as a result of the defendant’s negligence. This can include medical bills, lost wages, pain and suffering, and other losses.
In some cases, multiple parties may share responsibility for an injury. Tennessee follows a modified comparative negligence rule, which means that if you are found to be partially at fault for your injury, your compensation may be reduced. For example, if you file a claim for $100,000 in damages and you are found to be 20% at fault, the court will reduce your settlement to $80,000. However, if you are found to be 50% or more at fault, you may be barred from recovering any damages.
Settlement versus Trial: What’s Best for Your Case?
When pursuing a personal injury claim, you’ll likely face a crucial decision: whether to settle your case out of court or proceed to trial. Both options have their advantages and potential drawbacks, and the best choice depends on the specific circumstances of your case.
In a settlement, you agree to accept a certain amount of compensation from the defendant or their insurance company in exchange for dropping your lawsuit. The benefits of settling include:
- Faster Resolution: Settlements can be reached much more quickly than going through a full trial, potentially allowing you to receive compensation sooner.
- Concrete Outcome: With a settlement, you know exactly what you’ll receive. There’s no risk of losing at trial and potentially walking away with nothing.
- Lower Stress: Trials can be emotionally draining experiences. Settling allows you to avoid the stress of testifying in court and reliving the traumatic experience.
However, settlements also have potential drawbacks. The offered amount may be less than what you might receive if you won at trial. Additionally, accepting a settlement usually means that you give up your right to pursue further legal action related to the injury. If you learn new information or encounter hardships in the future, you cannot pursue additional compensation.
On the other hand, going to trial offers its own set of advantages:
- Potential for Higher Compensation: If you win at trial, a jury may award you more compensation than what was offered in settlement negotiations.
- Sense of Justice: For some people, having their day in court and publicly holding the defendant accountable is an important part of their healing process.
- Setting Precedent: In some cases, going to trial can help establish legal precedents that may benefit victims who are facing similar situations.
However, trials can take months or even years to conclude. There is always a chance of losing at trial, which could result in receiving no compensation at all. You have the right to appeal the decision, but this could further extend the legal process.
A Nashville personal injury attorney can evaluate your case to determine your best course of action. At Woodard Injury Law, we consider factors such as the strength of your evidence, the extent of your damages, the defendant’s willingness to negotiate, and your personal preferences. Our personal injury lawyers in Nashville provide honest, informed advice about whether to settle or go to trial, always prioritizing your best interests.
How Our Attorneys Can Help Maximize Your Nashville Personal Injury Claim
Personal injury law covers a wide spectrum of incidents, each with its own nuances and legal considerations. On top of this, every case is different, and every victim has different goals for their recovery. If you want to pursue a personal injury lawsuit, it is essential to enlist the help of a Nashville personal injury lawyer.
At Woodard Injury Law, our attorneys possess years of experience representing injured people in Tennessee. This deep knowledge allows us to identify all potential avenues for compensation and anticipate the challenges specific to your type of case. We will develop a tailored approach to recover the compensation you deserve, evaluating the strength of your evidence, the extent of your injuries, and the liable parties involved.
Many personal injury victims in Nashville underestimate the long-term impact of their injuries. Our attorneys have the foresight to consider not just your current medical bills and lost wages, but also future expenses and losses. This includes ongoing medical treatment, potential future surgeries, long-term care needs, and the impact on your earning capacity. By calculating these long-term damages, we verify that any settlement or court award adequately compensates you for both current and future losses.
Whether you settle your case or go all the way to the courtroom, Woodard Injury Law will stand by your side. Our attorneys are skilled negotiators who know how to effectively communicate with insurance companies and opposing counsel. We leverage our experience and reputation to advocate for your best interests, potentially securing higher settlement offers than you might be able to obtain on your own.
To best support our clients, we prepare every case as if it is going to trial. This thorough preparation strengthens our negotiating position and makes sure that we are ready to litigate if necessary. Should your case proceed to court, we will tap into our trial experience and present compelling arguments and evidence on your behalf.
Don’t Face Your Injury Alone: Let Woodard Injury Law Fight for You
When the unexpected happens, you need an attorney on your side who can help you rebuild your life. At Woodard Injury Law, our Nashville personal injury lawyers combine deep legal experience with a commitment to protecting the rights of the injured in Nashville and across Tennessee. From car accidents to workplace injuries, we can help you take on a wide range of legal challenges.
If you have been injured in Nashville, do not wait to seek help. Call or text (615) 216-5757 for a free, no-obligation consultation and chart your path to justice.