Nashville Personal Injury Lawyers

You should strongly consider consulting an attorney if you're thinking of taking legal action based on your injuries. However, here's a general overview of some concepts that often shape these claims.

The main way to prove liability in a Tennessee personal injury case involves showing that the defendant (the person or entity being sued) was negligent. This usually means that they didn't act as carefully as a reasonable person would have in the same situation. For example, a driver who runs a red light probably was negligent because a reasonable driver would obey traffic rules. Sometimes a more distinctive standard of care applies, such as in medical malpractice cases. An injured person might need to have an expert testify about what a doctor should have done in a certain situation.

If the victim got injured by someone who was doing their job, they might have a claim against the employer of that person as well. A business is legally responsible for negligence by an employee in the scope of their employment. This is called "vicarious liability." A business also might be directly liable for injuries in some cases, such as when it negligently hired an employee who posed a clear risk to others.

In certain types of personal injury cases, Tennessee allows a victim to bring a claim based on a theory called strict liability. This means that they don't need to show that the defendant was negligent. They'll be considered liable if they were responsible for a certain event or situation that led to the injuries. For example, many claims against manufacturers of defective products rely on strict liability.

There's another set of personal injury cases called "intentional torts." These often arise from actions that also violate criminal laws, such as an assault or sexual assault. The plaintiff would need to show that the defendant's intentional wrongdoing caused their injuries. It's important to keep in mind that you can win a personal injury lawsuit even if the defendant isn't convicted of a crime. You just need to prove your case by the preponderance of the evidence, which is much less demanding than the "beyond a reasonable doubt" standard in criminal prosecutions.

Someone considering bringing a personal injury case should be aware of an important deadline called the statute of limitations. If you don't file a lawsuit before the statute of limitations expires, you'll probably lose the right to pursue your case. This is a harsh rule because it doesn't matter how strong your case is or how desperately you need compensation. The statute of limitations has a few exceptions, but they rarely apply.

Tennessee has a shorter personal injury statute of limitations than many states. You generally have only one year to bring your claim. However, it's best to take action as soon as possible anyway. This helps preserve evidence that could be critical to proving liability and your damages. For example, surveillance videos showing a slip and fall in a store might not be preserved forever if the store doesn't know that litigation lies ahead.

More than one person or entity may contribute to someone's injuries. If the victim was partly at fault, Tennessee applies a rule called modified comparative negligence. The victim can recover damages unless they were 50 percent or more at fault. Damages will be reduced according to their percentage of fault. In other words, if a motorcycle rider was 30 percent at fault for a crash, they still could recover 70 percent of their damages from a negligent driver who hit them.

Some states place a cap on the amount of damages that a personal injury plaintiff can recover. Tennessee caps non-economic damages, which cover intangible harm like pain and suffering and lost enjoyment of life. The cap is $750,000 for most cases as of 2025, although it increases to $1 million if the victim has suffered a catastrophic injury, such as a spinal cord injury resulting in paraplegia or quadriplegia, or the loss of both hands, both feet, or one of each. There's also a cap for punitive damages, which are awarded in extreme cases to punish a defendant and dissuade people or entities in similar situations from doing the same thing. You generally can't get more than $500,000 in punitive damages, or twice your compensatory damages if that is greater, although there are some exceptions.

If you want to sue a state or local government agency for your injuries, you'll need to follow specific procedures. For example, a claim against the state will need to go through an online portal provided by the Tennessee Department of Treasury. It's best to get an attorney on your side when you're bringing this type of claim so that they can make sure to meet all of the technical requirements.

Filing a personal injury claim can be time-consuming and complex, and there is no certainty of success. Even straightforward cases might yield unexpected outcomes. As a result, many people decide to settle with the at-fault party or their insurer. By choosing this path, the injured individual agrees to end the lawsuit in exchange for a set amount of money, avoiding the unpredictability of a jury's decision.

Settling can be advantageous. It usually finishes more quickly than a trial, easing both financial and emotional strain. You receive funds sooner for medical bills, lost wages, and similar expenses, allowing you to recover without constant monetary worries. Still, be careful before you sign off on a settlement. The insurer probably wants to protect their bottom line, so they may not give you a fair offer right away. You'll want to be sure that the payment fully addresses your needs.

Signing a settlement too soon might mean giving up potential future damages. If your injuries are severe, it can be wiser to wait and thoroughly assess any ongoing limitations and their impact on your job and daily life. Once you finalize a settlement, you typically cannot seek additional payment afterward.

Seeking legal counsel is generally a good idea, especially if an insurance company isn't cooperating or you need a significant payout because of a serious injury. Insurers, corporations, and other opponents often bring in high-quality lawyers in an effort to keep settlements low, so hiring your own representative helps protect your interests.

Your attorney will collect proof of liability and outline the repercussions of your injuries. They might present pictures, witness accounts, health records, and financial documents showing medical expenses, lost wages, and out-of-pocket costs. Specialists might weigh in on future treatment needs or explain how your injury affects your job and daily routine. Statements from family or friends can further show the overall impact on your life.

Once settlement discussions begin, your lawyer's advice is vital for judging whether an offer is acceptable. They'll highlight the pros and cons, but deciding whether to settle or go to trial is ultimately up to you.

If your case proceeds to trial, your attorney's role remains pivotal. They'll manage jury selection, submit evidence, question witnesses, and deliver well-crafted arguments on your behalf. Having a skilled legal professional handle these details reduces the risk of error and allows you to focus on recovery.

Finding a personal injury attorney in Nashville or the surrounding communities can feel daunting because there are many options available, and it may be hard to choose one over another at a glance. Resources like the Justia Lawyer Directory can help streamline the process.

It's especially important to work with someone experienced in your type of case. For example, if you slipped on a wet floor in a store, you'd want to have an attorney who knows premises liability inside and out. If you got hurt by a faulty product, look for a lawyer who knows how to sue manufacturers and other entities in the chain of distribution.

Many firms showcase a history of impressive settlements and verdicts. This is certainly meaningful, but it's not the only thing that matters. Client reviews can give insight into issues such as a lawyer's responsiveness and personal warmth, while attorney endorsements can highlight their skill and the respect that they've earned in the profession.

Before choosing your attorney, you should check for any disciplinary history through the Tennessee Bar Association. A small incident may not be enough to cross an attorney off your list, but recurring or more serious issues could be a major warning sign. You don't want their incompetence or wrongdoing to undermine your case.

Most personal injury attorneys offer a free initial consultation. This is a chance for them to see if they want to take on your claim and for you to see whether you feel comfortable with them. Don't underestimate the importance of personal rapport in laying the foundation for a strong legal partnership.

Personal injury law spans a broad range of cases. Some common examples include:

• Motor vehicle collisions involving cars, trucks, motorcycles, bicycles, pedestrians, and other vehicles or road users
• Medical malpractice when a healthcare provider doesn't meet professional standards
• Products that have defects in their design or manufacturing, or that lack adequate warnings about safety risks
• Slip or trip and falls and other accidents caused by a property owner's failure to properly maintain their premises
• Dog bites and other animal attacks
• Assault and other violent crimes
• Nursing home negligence or abuse

Some accidents happen while the victim is doing their work. Tennessee requires most employers to carry workers' compensation insurance. This means that a worker who gets injured or ill because of their job can get certain benefits regardless of fault. For example, the workers' comp system provides reimbursement for medical treatment and wage replacement benefits. However, an employee usually can't sue their employer for their injuries, and they can't get non-economic damages like pain and suffering through workers' compensation. If someone else caused their injuries, such as a manufacturer of a defective tool that they used on the job, they might be able to bring a claim against that third party and get the full scope of their damages, including pain and suffering. This would require proving the liability of the third party.

A study on personal injury cases that went to trial in Tennessee showed that injured people recovered damages in 61 percent of the cases analyzed. This was higher than the national average. The median verdict in the cases in the study was somewhat less than $20,000, while the average verdict was in the hundreds of thousands. Why is there so much difference between these numbers? The average gets distorted by a small number of very large verdicts that don't reflect typical results.

Here's a look at some notable personal injury verdicts in Tennessee in recent years:

• $12 million when a man was hit by another car and then by a truck, resulting in the loss of both legs
• $633,000 (reduced to about $430,000 by the court) when a motorcyclist and his passenger were hit by a truck on the Korean War Veterans Memorial Bridge in Nashville
• $119,000 after a rear-end collision that resulted in a traumatic brain injury
• $59,000 for a victim who suffered neck, back, and hand injuries when the defendant backed out of a driveway and struck them
• $44,000 when the victim was rear-ended while waiting to make a left turn, causing back and shoulder injuries and a concussion
• $20,000 for a young girl who suffered a shoulder injury in a side-impact collision while her mother was driving

However, it's best to ask your attorney for an estimate of how much your case might be worth. Each person's situation is different, and you might not necessarily get the same amount as an injured person in a case that sounds similar to yours.

The Tennessee Department of Safety and Homeland Security provides statistics on car accidents in the state. The Nashville data for 2024 show 99 fatal car accidents and 475 accidents that caused serious injuries. These 574 crashes included 96 crashes involving alcohol use, 46 crashes involving drug use, 56 crashes involving speeding, eight crashes involving drowsy driving, and two crashes involving distracted driving. There were 78 crashes involving motorcyclists, 24 crashes involving large trucks, and 115 crashes involving pedestrians.

The Nashville Vision Zero program has identified certain intersections in the city that are especially dangerous. These include:

• TN 255 and Sidco Drive
• Murfreesboro Pike and Hamilton Church Road
• West Trinity Lane and Brick Church Pike
• Nolensville Pike and Harding Place
• Murfreesboro Pike and Hobson Pike
• Old Hickory Boulevard and Gallatin Pike S.

Here are some intersections that are particularly dangerous to pedestrians:

• Lafayette Street and Charles E. Davis Boulevard
• Gallatin Pike S. and Neelys Bend Road
• Gallatin Pike S. and Berkley Drive
• Martin Luther King Jr. Boulevard and John Lewis Way
• Gallatin Pike S. and Madison Street
• Nolensville Pike and Welshwood Drive
• Murfreesboro Pike and Millwood Drive

Here are some intersections that are particularly dangerous to bicyclists:

• Division Street and 12th Avenue S.
• Lebanon Pike and Bonnabrook Drive
• Clifton Avenue and 28th Avenue N.
• Gallatin Pike S. and Emmit Avenue
• Highland Avenue and 25th Avenue S.
• E. Thompson Lane and Old Glenrose Avenue

As you approach any intersection, it's important to keep an eye out for all the vehicles and people in your vicinity. You should practice defensive driving at all times.

After a crash in Nashville, it's generally a good idea to get a copy of the police report describing the incident. This can help support any legal action that you decide to take. The Central Records Division of the Nashville Police Department manages these reports. You can get a crash report by mail, at the records counter, or by email. You can also get the report online 5-7 business days after the accident if you provide certain information. However, you can't use the website to get reports involving fatalities or pending criminal charges.

The Tennessee Department of Health oversees licensing Health Related Boards in the state. You can file a complaint against a doctor or another healthcare professional if you suspect that they've failed to meet their professional responsibilities. This may result in disciplinary action against the healthcare professional, although it's separate from a civil lawsuit and won't get compensation for you. Meanwhile, a complaint against a licensed or certified health facility can go to the Tennessee Health Facilities Commission.

The Office of the Nashville District Attorney provides a list of resources for victims of crimes. These include the Tennessee Criminal Injuries Compensation Fund, which may provide financial assistance to innocent victims of violent crimes resulting in injuries. Benefits may account for medical expenses, lost wages, and other unforeseen costs related to the crime. The Tennessee District Attorneys General Conference also offers listings of resources and services for crime victims and their loved ones, which may include victim witness coordinators, counselors, community service providers, and more.

If you've been injured or gotten ill because of your job, you might want to explore the resources provided by the Tennessee Department of Labor & Workforce Development. These include information about filing a claim, the scope of benefits that may be available, and the process of returning to work, among other topics.

1. What types of damages can I get in my personal injury case?

   You may be able to get both economic and non-economic damages. Economic damages account for financial costs that are relatively easy to calculate, such as your medical bills, lost income, and property damage. Non-economic damages account for intangible harm like pain and suffering and emotional distress. In some cases when the defendant's conduct was especially blameworthy, you also might get punitive damages.

2. What does it cost to work with a personal injury lawyer?

   It doesn't cost anything upfront to work with a personal injury lawyer. They'll handle the case for a contingency fee, which means that they only get paid if they get a settlement or judgment for you. Their fee will be a certain percentage of that amount, which is usually somewhere between 25 and 40 percent. Often, an attorney will collect a higher percentage if a case goes to trial than if a settlement is reached.

3. Is my case more likely to settle or end up in court?

   In general, personal injury cases are more likely to end in a settlement than go to trial. Each case is unique, though, and you should be ready for the possibility of going to trial if the defendant or insurer doesn't give you a fair settlement offer.

4. What evidence do I need to prove my case?

   This depends on the nature and extent of your injuries and how they occurred, but often an injured person will want to present photos or videos of the accident scene, medical records, pay stubs showing missed work, and receipts for out-of-pocket expenses, as well as witness statements from people who saw what happened, expert testimony on certain specialized issues, and testimony from family and friends.

5. Can I get compensation for future costs related to a disability?

   Yes, you can potentially get compensation for anticipated future medical expenses, such as treatments and assistive devices. You also may be able to get compensation for your lost earning capacity. It's often important to introduce testimony from a medical expert and an economic expert to explain the necessity and scope of these costs.