Tennessee Personal Injury Lawyer

Why choose the Tennessee personal injury lawyers from Hughes & Coleman after an injury?

You need highly experienced personal injury attorneys on your side after suffering an injury in Tennessee due to someone else’s negligence. Without proper legal representation, injured victims leave themselves open to being taken advantage of by insurance companies that aim to pay out as little as possible.

A Tennessee injury law firm with the experience, skills, and resources can help ensure you recover maximum compensation for your injuries, while considering future expenses that you may have over time. When you begin a personal injury claim, you should be confident from the start that your rights are being protected, and that you have the power and support of multiple statewide Tennessee law offices to assist you throughout every step of the personal injury claims process.

At Hughes & Coleman Injury Lawyers, we offer free initial consultations to all victims of negligence so that you have the opportunity to share your story and understand your rights. Additionally, we work on a contingency fee basis, which means that if we don’t recover compensation for you, we don’t get paid. You never have to pay out of pocket for our legal services – ever.

You deserve an injury lawyer who will fight for maximum compensation

Following a personal injury in Tennessee, insurance companies often provide settlement offers that are far below what is fair, and in some cases, they will refuse to offer any compensation at all. They can also act in bad faith, including not covering what has been agreed upon in your policy, or by delaying payments.

To protect yourself from accepting an insufficient settlement, you need an experienced personal injury attorney who knows what your case is truly worth and who can fight to recover that amount on your behalf.

Our attorneys routinely fight low initial settlement offers, and it is not uncommon for our attorneys to even refuse a second settlement offer if our clients deserve more.

While other law firms may take the initial offer and move on to another client, potentially leaving thousands or even millions of dollars on the table, Hughes & Coleman will fight for every dollar you deserve – even if that means going to court and arguing your case in front of a judge and jury.

Our Tennessee personal injury lawyers turn low insurance offers into big settlements

The best personal injury lawyers in Tennessee will advocate for you from start to finish, and will fight the insurance company so that you receive the most money possible.

Although circumstances in every injury case are different, here are just a few personal injury settlement and court ruling examples that show how hiring an attorney from Hughes & Coleman can help ensure you don’t settle for less than what you’re entitled to.

Looking for a top Tennessee personal injury law firm?

When looking for an experienced personal injury lawyer in Tennessee, there are some important things you should consider. In most personal injury cases, you will only have one opportunity to recover the compensation you deserve, so the injury lawyers you choose to represent you should have the necessary experience in whatever claim you may have. These can include incidents such as a car accident, a truck accident, elder abuse, wrongful death actions, premises liability, or others. Regardless of your situation, experienced lawyers have years of injury litigation behind them, and can help provide you with skilled legal counsel through this difficult time.

The best personal injury lawyers Tennessee has to offer will have an in-depth understanding of personal injury laws and how to successfully navigate all steps of a personal injury lawsuit.

At Hughes & Coleman, our legal team has over 35 years of experience helping injured clients in Tennessee. During this time, our attorneys have helped injured victims recover settlements and verdicts from a variety of cases, and have shown that when it comes to personal injury law, we know how to get it done, and get it done right.

Our Tennessee personal injury attorneys can help with your case

If you’ve been injured and it wasn’t your fault, our team is here to help you through the personal injury claims process. Our law firm will support you in a number of ways so that you can focus on getting better

What kind of cases do personal injury lawyers handle?

A personal injury can happen from a wide range of negligent acts, and if you’ve been a victim of a serious personal injury, having an experienced attorney on your side can make all the difference. If you’ve sustained injuries due to the negligence of another person, company, or government entity, our firm can help.

Act quickly – Tennessee statute of limitations can prevent you from filing a claim

If you’ve sustained a personal injury due to someone else’s negligence in Tennessee, in most cases, you have one year to file a claim from the date of the incident. This includes wrongful death cases. If you miss this deadline, you may lose your right to seek compensation for your injuries.

After an injury, it is important to contact a personal injury attorney that can file a claim on your behalf to ensure that your rights are protected. A personal injury lawyer will file all required paperwork so that you are able to pursue a personal injury claim and compensation for your damages.

If you’ve been injured, don’t wait. Call Hughes & Coleman today to protect your claim.

800-800-4600

Get it done.

What is negligence and how do injury lawyers prove it?

There are a few elements that will need to be established in order to prove negligence. But first, it’s important to understand how negligence is defined.

Negligence is a common term and central in tort law. It involves an injured party holding another party accountable for their injuries. This legal theory is based on the idea that one person is liable for harming another by not meeting their legal obligations. Negligence is the foundation of various personal injury cases, including car accidents, slips and falls, construction incidents, and medical malpractice. Negligence is also the foundation for mass tort claims, where an attorney brings multiple lawsuits against the same defendant (or group of defendants) at the same time.

There are four elements needed to establish and prove negligence:

Under Tennessee law, negligence can be broken down into four parts. Each of these elements must be proven in a personal injury case to receive compensation for your injuries.

Duty:

The other party owed you a duty.

Imagine a driver on the road who owes a duty to other motorists. This duty involves operating their vehicle in a reasonable manner, adhering to traffic rules, and maintaining control. If the driver fails to meet this duty by, for instance, texting while driving and causing an accident, they can be held liable for negligence. The notion of “reasonable” driving can be subject to interpretation, making the assessment of this duty complex in certain cases.

Breach of Duty

The other party breached this duty and responsibility.

In the scenario of the driver and the car accident, breaching the duty of care would occur if the driver engages in actions that deviate from what a reasonable person would do in similar circumstances. For instance, if the driver is texting on their phone while driving, their attention is diverted from the road, and they’re unable to react promptly to traffic or road condition changes. This behavior falls below the expected standard of reasonable driving, thus breaching their duty to operate the vehicle safely. As a result, if an accident occurs due to their texting, it can be argued that they have breached their duty of care towards other motorists.

Causation

Your damages were caused by the other party breaching their duty.

Causation establishes a direct link between the breach of duty and the resulting harm. In the context of the car accident example, proving causation would involve demonstrating that the driver’s texting while driving was the actual cause of the accident and subsequent injuries.

However, there are situations where causation might not be straightforward to establish. For instance, if the driver was texting, but the accident occurred because another driver ran a red light unexpectedly, it could be argued that the breach of duty (texting) was not the sole cause of the accident. In such cases, determining whether the breach directly led to the harm can be complex, and causation might be challenged.

Damages

In order to recover compensation, you must prove that you suffered damages.

These can range anywhere from minor to serious injuries, but you need to prove that your injuries were caused by someone else breaching their duty of care under the law.

An attorney skilled in injury law understands what is needed to prove negligence against the at-fault party and how to recover maximum compensation on your behalf.

Do I need a personal injury lawyer?

Is it worth hiring a personal injury attorney?

Consider a recent report from the Insurance Research Council, which found that people who were represented by a personal injury lawyer received nearly three and a half times more money, even after attorney fees.

This demonstrates the value of hiring a Tennessee personal injury lawyer for your claim. Not only do you never pay out of pocket for legal services, but in the end, you can also be confident that everything possible was done to get you every dollar that you are entitled to. Without experienced legal representation, you risk leaving money on the table, which could amount to thousands, or in some cases, millions of dollars.

Additionally, the value of personal injury lawyers becomes obvious when looking at the various aspects that will need to be addressed during the course of your claim.

Identifying who is responsible for your injury

In a personal injury claim, injury victims may assume that the responsible parties are easily identifiable. For instance, in a truck accident, some may assume that the driver is solely responsible. However, this is often not the case. A personal injury lawyer goes beyond to identify all parties that may have contributed to the wreck and your injuries. In this example, at-fault parties could include the truck driver, along with the truck’s manufacturer, the insurance company, the owner of the truck, cargo companies that may have negligently loaded the truck, repair shops that failed to follow proper procedures, or even the government if they played a role.

Once responsible parties are identified, each can be subject to pay their fair share of the settlement or verdict award, which can increase the amount of money that you receive. Without a personal injury lawyer on your side, it can be complex and nearly impossible to do this on your own.

Understanding the types of damages that you may be entitled to

Following a personal injury in Tennessee, you may be entitled to claim a number of damages. A skilled personal injury lawyer can help you understand what damages you can pursue, and form strategies to obtain compensation for these damages on your behalf. Some damages available in a personal injury case are straightforward, while others are subjective and require negotiation and compelling evidence.

Economic Damages

Economic damages refer to financial damages that have been sustained as a result of the negligent party. They typically include items that are easier to calculate, such as:

• Medical bills
• Property damage
• Lost wages, including future lost wages
• Lost earning capacity

These are tangible, meaning you can place a specific dollar amount on each.

Non-Economic Damages

Non-economic damages are where things become more complicated, as they are subjective, and aren’t directly linked to a tangible dollar amount, such as a medical bill, or other items that are financial in nature. Non-economic damages typically include things like:

• Pain and suffering
• Diminished quality of life
• Emotional distress (including PTSD)
• Loss of consortium with a loved one

It is difficult to put a price on these things, and it requires the experience of a personal injury lawyer to understand what can be recovered in these cases so that you can receive the most money possible.

Protecting evidence from being destroyed

In a personal injury claim, the burden of proof is on the victim. If you’ve been injured, it must be proven that the other party was negligent, contributed to your injuries, and caused you to suffer damages.

In order to prove negligence in a personal injury lawsuit, evidence plays a key role to demonstrate fault. However, in many cases, the evidence required to prove fault may not be held by the victim or be in the victim’s control. Over time, evidence may be lost, tampered with, or destroyed, leaving injury victims with no basis for a claim. In legal terms, this is referred to as the spoliation of evidence.

Spoliation of evidence can occur in a wide variety of personal injury cases, including car crashes, truck wrecks, slip and falls, dog bites, and others.

For example, trucking companies may hold evidence, such as driver logs, which may prove that the driver did not follow proper resting guidelines and was driving while fatigued when a wreck occurred. If this evidence is destroyed, this point becomes very difficult to prove. This is just one example, but there are other cases where helping to protect evidence is a key part of a personal injury lawyer’s role in your claim.

A personal injury lawyer can help ensure evidence is preserved in a number of ways:

• Anti-Spoliation Letters: If the other party has evidence that may be vital in your claim, your attorney can draft and deliver an anti-spoliation letter that legally mandates the opposing party to retain the requested evidence so that it is not destroyed, lost, or tampered with.
• Witness Statements: In many cases, an injury lawyer can document witness statements on your behalf. Your attorney may be able to take this one step further and get a signed statement from the witness stating what he or she saw so it may be submitted to the official record.
• Depositions: Written affidavits are helpful, though personal injury lawyers can also take the preservation of evidence a step further through depositions, which aim to preserve and record witness testimony.

Helping you avoid costly mistakes that may jeopardize your claim

When it comes to a personal injury claim, victims often assume that the insurance company is on their side, and by doing so, make mistakes that put their claim at risk. The moment you are hurt by someone else’s negligence, your interests and the interests of the insurance company are at odds. The insurance company’s goal is financial in nature – they want to pay you as little as possible – and what may seem like a lot of money to you, may be far less that what you’re entitled to. Insurance adjusters are trained in these tactics and will often be very friendly and act concerned, but make no mistake, their success is based on how little they can get you to accept. This approach of friendliness also causes a lot of victims to put down their guard and to say or do things that are not in their best interest, such as:

• Admitting fault in any way
• Stating that you are not hurt, that you are “okay”, or undermining your injuries in any way
• Agreeing to a recorded conversation with the insurance adjuster
• Signing any documents without having them reviewed by a personal injury attorney
• Mentioning or posting details about your personal injury claim to social media. This can be very costly. Any details posted on social media are considered court-admissible evidence. This means that the pictures, videos, and written updates you post can be used in court by the defendant’s lawyers to minimize or even completely disprove your claim.
• Accepting an insufficient settlement is another common mistake that injury victims make unknowingly. A Tennessee personal injury lawyer will know what your claim is worth and can help advise you on what is acceptable.

Negotiating with the insurance company

In the vast majority of personal injury cases, there is at least one insurance company that a personal injury lawyer will need to negotiate with despite many myths about injury claims. In most cases, the injured victim seeking compensation from the at-fault party’s insurance company, not the individual themselves.

When you hire a personal injury law firm, all communications with the insurance company from that point forward typically go through your attorney. You no longer have to deal with it. And when your attorney and the insurance company enter into negotiations, your personal injury lawyers will use their years of experience to ensure that you receive every dollar you deserve.

Most people aren’t used to dealing with insurance companies, but at Hughes & Coleman, we deal with insurance companies every day. This is what we do. When trying to negotiate a fair settlement, leave it to those who have the experience behind them to fight for your best interests and maximum compensation.

If you were partly at fault, Tennessee modified comparative negligence laws can impact the money you’re entitled to

Most states recognize some form of comparative negligence, and Tennessee is no different.

Our attorneys can guide you through Tennessee’s modified comparative negligence system. If you are partially at fault for the incident, this rule can significantly impact the compensation you are able to recover. If you’ve suffered a serious injury, it could mean the difference between obtaining the compensation you need to survive and receiving nothing.

Under the comparative negligence system in Tennessee, if the person (plaintiff) who brings the claim is found to be 50% or more at fault, they will not be eligible to recover compensation for damages.

Personal injury lawyers can help obtain compensation for injury victims in Tennessee, even if they are partially at fault. An experienced attorney can present evidence on your behalf to combat any misleading or false claims by the insurance company to maintain your eligibility to receive compensation. This means that even if you were partly at fault, you can still recover compensation for your damages if you are found to be less than 50% at fault.

Modified comparative negligence example

Here’s an example to illustrate how Tennessee’s modified comparative negligence works in a personal injury case:

Scenario:

Suppose there’s a car accident case where Driver A and Driver B are involved in a collision at an intersection. Driver A is claiming that the accident was caused by Driver B’s negligence, while Driver B argues that Driver A ran a red light.

Outcome:

After a thorough investigation and legal proceedings, the court determines that Driver B was 80% at fault for failing to yield the right-of-way, and Driver A was 20% at fault for running the red light.

Application of Modified Comparative Negligence:

In Tennessee, the modified comparative negligence rule comes into play. According to Tennessee law, if the plaintiff’s fault is found to be 50% or less, they can still recover damages, but their compensation will be reduced by their percentage of fault.

In this case, because Driver A’s fault is determined to be 20%, they are still eligible to seek compensation. However, their potential damages will be reduced by their own percentage of fault. Let’s say that the total amount of damages is calculated to be $100,000. Due to Driver A’s 20% fault, their compensation will be adjusted as follows:

$100,000 (total damages) – 20% (Driver A’s fault) = $80,000

So, Driver A would be eligible to recover $80,000 in damages from Driver B.

It’s important to note that if Driver A’s fault was determined to be more than 50%, they would be barred from recovering any damages under Tennessee’s modified comparative negligence rule.

How do I file a claim for personal injuries in Tennessee?

Understanding how to file a personal injury claim without a lawyer can be extremely challenging, but when you hire an experienced personal injury firm, you can be confident that all the necessary tasks will be handled on your behalf. The easiest way to file a claim in Tennessee is to hire a personal injury attorney. Injury lawyers will file all required paperwork in a timely fashion to protect your case.

We will file a settlement demand letter on your behalf

To start settlement discussions, your attorney will draft a demand letter and send it to the responsible party’s insurance company. This letter will include accident specifics, such as the circumstances, people involved, and the extent of your injuries. It will also present evidence of fault from the investigation, establishing the other party’s liability. The demand letter will outline financial losses, itemize non-economic damages (e.g., pain and suffering), and specify the total compensation sought from the insurer.

How is a Tennessee personal injury settlement negotiated?

Demand letters often don’t yield an immediate positive response. Typically, the addressed insurance company may challenge your demands, the compensation amount, or both. They might provide counterclaims and a counteroffer through your attorney. Negotiations continue until an agreeable resolution is reached or if deemed impossible by either party.

If the insurance company doesn’t agree to your valid financial claims made through your lawyer, or if settlement attempts prove unresponsive, your attorney will likely proceed to the next step in the personal injury case: filing a lawsuit.

How long does a personal injury lawsuit take in Tennessee?

The duration of settlement negotiations varies, influenced by the severity of your injuries and case complexity. Though most cases will settle out of court, in Tennessee personal injury cases, the steps of a personal injury lawsuit typically include:

1. Notify all parties of your compensation intent by submitting a claim after identifying damages and reaching maximum recovery.
2. Seek a favorable settlement through negotiations.
3. File a lawsuit if negotiations fail.
4. Present your case in court to establish the defendant’s liability for your damages.
5. Pursue trial or alternative resolution methods like mediation or arbitration if needed, such as when the insurance company’s offer is unsatisfactory, with the judge suggesting mediation to resolve the matter.

An experienced attorney will know when to settle, or when it is advantageous or a good idea to move forward with a personal injury trial, and can help you understand the advantages and disadvantages of each approach.

Our dedicated Tennessee personal injury lawyers will take your personal injury case to trial if needed

While most claims settle out of court, your attorney prepares for litigation from the outset. This preparation often deters insurance companies from going to court, as they recognize your attorney’s readiness to pursue a case fully. Litigation is costly for insurers, making settlement more favorable, especially in the presence of compelling evidence.

Trust Hughes & Coleman to manage negotiations, keeping you informed at every step. We advocate for your interests and serve as your voice, committed to securing the best outcome for you. If needed, we will not hesitate to argue your case in front of a judge and jury.

What to expect in a Tennessee personal injury trial

If your injury case goes to trial, a Tennessee injury attorney can help lead the charge during this time. Typically, the process will include:

• Pretrial motions
• Depositions for parties and for witnesses
• Jury selection
• Opening statements
• Examination and cross-examination of witnesses, including expert witnesses
• Presentation of relevant evidence
• Preparing and giving appropriate jury instructions
• Closing arguments
• Jury deliberations
• Jury verdict

Going to trial has both pros and cons, but it’s necessary at times, especially when insurers aim to evade financial responsibility or offer inadequate settlements. Our team is fully prepared to take on insurance companies and negligent parties in court without hesitation. We’ve done it in the past, and we’ll do it again when necessary.

What to do after a personal injury in Tennessee

Accident victims often worry about their actions following a personal injury caused by someone else’s negligence. These concerns are valid, as post-injury actions can influence a claim and the recovery amount of a settlement.

Therefore, it is recommended to take some simple steps to protect your claim and yourself following an injury that wasn’t your fault.

Seek medical attention as soon as possible

Whether your injuries cause immediate severe pain or not, it’s crucial to seek medical attention and have your injuries documented after an incident. Medical records are vital in personal injury cases to prove your injuries and damages. Without them, seeking compensation, whether through an injury attorney or your insurance company, becomes challenging.

Never admit fault and don’t post about the accident or your injuries on social media

Accident victims often make a critical error by apologizing or admitting fault, either to the other party or an insurance adjuster. This can be costly. In Tennessee, a modified comparative negligence state, your entitled compensation depends on your fault percentage. Insurance companies can use any admission of fault to reduce your claim or deny it altogether. Therefore, never admit fault to anyone, as it can jeopardize your claim. Also, avoid posting anything on social media related to your injuries or implying that your injuries are not severe. These posts can be used against you in personal injury claims.

Gather as much of your own evidence as you can

An experienced personal injury attorney can leverage the evidence you gather to strengthen your claim. In cases like medical malpractice, where a “scene” may not be applicable, your medical records and any notes can be valuable.

For car accident claims, you can document the scene more thoroughly by:

• Taking numerous photos and videos of the scene and your injuries.
• Collecting witness statements and contact information.

When you hire an injury law firm, your attorney can also help uncover additional evidence you may not have considered or had immediate access to, such as traffic camera footage, doorbell footage, and other items that can support your personal injury case by demonstrating how the incident occurred.

Common types of serious injuries sustained by victims in Tennessee

Contact Hughes & Coleman today for help with your accident injury lawsuit

Our team is here for you 24/7 to help you get your life back on track. If you’ve been injured in Tennessee, let our personal injury attorneys put our firm’s resources, experience, and skills to work for you. You don’t have to negotiate with the insurance company alone.

Call us today at 800-800-4600 for a free consultation.

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Frequently asked questions and helpful tips

How much does a personal injury lawyer cost?

Most personal injury attorneys, including our firm, operate on a contingency fee basis, meaning they cover all initial expenses and only receive payment if they secure a favorable outcome for you. When you contact Hughes & Coleman, you can discuss your claim with our legal team for free, and as our client, you never have to pay any upfront costs. Our payment is contingent on successfully recovering money on your behalf. If we don’t recover for you, we don’t get paid.

Can a lawsuit be reopened after a settlement is agreed to?

Once you’ve accepted and received a settlement, repealing an injury lawsuit is typically not an option, even if future medical treatments are needed. So, it’s important not to rush the settlement of your personal injury case. Your attorney will guide you on the timing of settling or proceeding to trial to ensure you receive the compensation you deserve. Choose the right attorney from the beginning, as you may only get one chance for a favorable outcome.

If you have any additional questions, call us any time at 800-800-4600.