Justia Lawyer Rating

Franklin Personal Injury Lawyer

Personal injury lawsuits are the most common cases on civil court dockets because people can suffer injuries in any number of ways due to the fault or wrongdoing of someone else. That is the basic premise of personal injury law in Tennessee and all other U.S. jurisdictions.

Personal injury cases require an experienced attorney who is not only well-versed in this broad area of law but also an assertive protector of an individual’s legal rights. A Franklin personal injury lawyer has an extensive record of successful cases all fought aggressively and with dedication.

Role of Negligence in Personal Injury Cases

A person’s wrongdoing or negligent behavior depends on whether a duty of care existed between the parties involved in a particular situation. The law defines this duty as using reasonable care when doing anything that could foreseeably cause harm or loss to another person or, doing nothing to prevent harm when it was possible to do so.

Duty of Care in Personal Injury Claims

Duty of care is obvious in many cases, such as traffic crashes in which motorists have a legal duty toward others sharing the road. Other situations are more difficult to establish the legal duty, so courts consider a variety of factors such as the type and seriousness of the harm suffered, the defendant’s control of a situation, and ethical and human rights among them.

Once duty of care is established, the person harmed must prove the defendant breached the duty, and that because of the breach, they caused an accident that resulted in their injuries. It is also important to prove that the individual did, in fact, suffer an injury because of the defendant’s actions. In other words, they must prove the defendant’s actions are the proximate cause of their injuries.

Common Personal Injury Claims

Though a suit can arise out of any situation where someone had a duty of care they breached, there are several common types of cases in Franklin. The first common claim is for slip and fall accidents. In these accidents, the operators and owners of properties are liable if they fail to repair or warn visitors of potential hazards and a person falls as a result.

Another common claim is for dog bites. Dog owners may be liable for bites unless the dog was defending property or people. There are also product liability claims where a product with a design or manufacturing defect causes injury.

A  rather well-known type of claim is for medical malpractice in which a medical mistake or omission causes injury. A potentially related but separate claim is for dangerous drugs. Other common claims are for car accidents, catastrophic injuries, and injuries due to assault or other criminal acts. A Franklin personal injury lawyer could help individuals recover damages.

What is the Statute of Limitations in Franklin?

A person who suffers harm due to the actions of another has only one year to file a lawsuit. Missing the due date can mean the person cannot claim compensation for the injury. The calendar begins moving from the date of the injury or when the injury was discovered, such as in a medical mistake.

Seeking the Services of a Franklin Personal Injury Attorney

A Franklin personal injury attorney knows understands all the areas comprising personal injury law in Tennessee and can work to prove the lawsuit’s allegations. A personal injury lawyer is also an experienced negotiator with insurance companies that aim to pay as little as possible.

To learn more and receive legal advice about the validity of a case, make an appointment for a consultation with a Franklin personal injury lawyer. Time is important. Call today.

What Our Clients Say
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.