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Davidson County Personal Injury Lawyer

Personal injury is an area of the law which allows plaintiffs to recover monetary compensation for damages sustained as a direct result of someone else’s negligence. In a personal injury case, the plaintiff – or the injured person – has the burden of proving negligence on the part of the defendant (or at-fault party).

In other words, the plaintiff must prove that the defendant did something that a reasonable person would not have done or failed to do something that a reasonable person would have done.

If you have sustained personal injuries in the State of Tennessee as a result of someone else’s negligence, you may be entitled to monetary compensation under the law.

Time may be of the essence in your case, and it is essential that you contact a knowledgeable Davidson County personal injury lawyer as soon as possible after sustaining your injuries. An experienced attorney can review all of the facts and circumstances of your individual case with you and can explore settlement and litigation options.

Elements of Negligence

In order to recover compensation for injuries and damages sustained in a car, truck, or motorcycle accident, an injured plaintiff and their Davidson County personal injury attorney must first prove that the at-fault party was negligent. This means the following:

  • That the defendant owed the plaintiff a duty of care
  • That the defendant breached the duty of care owed to the plaintiff
  • That the defendant’s breach of the duty of care was the actual and legal (i.e. foreseeable) cause of the injured plaintiff’s damages
  • That the plaintiff sustained injuries and damages as a direct and proximate result of the defendant’s negligent actions or inactions
  • Duty of Care

    The duty of care owed by a defendant to a plaintiff depends upon the circumstances surrounding the accident. For example, Tennessee drivers owe all other drivers on the road a duty to act as a reasonably prudent and careful driver under the circumstances.

    If the plaintiff sustains injuries on someone else’s property, the duty owed by the defendant landowner to the plaintiff depends upon the plaintiff’s status on the land as a business customer, social guest, or trespasser.

    Healthcare providers, including general practitioners and family doctors, owe their patients a special duty of care to act as a reasonably prudent doctor would act under the same or similar circumstances in the geographical area. A medical specialist, such as an orthopedist, is typically held to a national standard of care.

    Personal Injuries and Potential Damages

    Personal injuries sustained in a car, truck or motorcycle accident can range from relatively mild soft tissue injuries to fractures, broken bones, paralysis, or even death.

    Once an injured plaintiff and their Davidson County personal injury lawyer have proved the duty, breach, and causation elements of negligence, then the plaintiff must prove the amount, nature, and extent of the injuries and damages sustained as a result of the at-fault party’s negligence. These damages may include some or all of the following:

    • Payment of medical bills and other related expenses
    • Compensation for time missed from work (i.e. lost wages)
    • Past, present, and future pain and suffering
    • Past, present, and future mental anguish
    • Loss of earning capacity
    • Loss of consortium or spousal support
    Contact a Davidson County Personal Injury Attorney

    Personal injuries are sustained in many different ways. A skilled Davidson County personal injury lawyer can help you prove all of the elements of your negligence case and can assist you with maximizing the amount of your damages.

    Client Reviews
    When my mother was neglected in a nursing home I was referred to The Higgins Firm for help. They did a great job representing my family and obtained a significant settlement. Hopefully, this will keep someone else's parent from being mistreated in the future. Angie S.
    I have a large collection practice and don't handle personal injury cases. Instead of simply declining a case, I referred it to The Higgins Firm. They handled everything. My client got a large recovery and I got a large co-counsel fee. The client and I were both very happy. Attorney Bo Melton
    The best injury lawyers in Nashville. They represented my son in a car accident case and did an awesome job. James D.