Nashville View

Personal Injury

Compassionate Nashville Lawyers Protecting the Rights of Accident Victims

The accident attorneys at Martin Heller Potempa & Sheppard are dedicated to representing Nashville residents who have been hurt due to someone else’s negligent actions. We serve injured individuals in and around Davidson and Williamson Counties, including Brentwood, Bellevue, and Hermitage. Our skilled attorneys will take the time to learn about you and your case, and we will vigorously pursue your right to compensation.

Take Legal Action Against People or Entities Responsible for Your Harm

Personal injury lawsuits can arise from a wide variety of circumstances. Whether you have been hurt in an automobile accident, as the result of a slip and fall, or because of medical malpractice, the basic elements of the claim are somewhat similar. First, it is necessary to show that there was a duty, or legal obligation, to act in a manner that avoids posing foreseeable risks of harm. The standard of care may differ in certain contexts, such as medical malpractice, but a legal duty must always be established for an injury claim to succeed. Then, it will be necessary to show that there has been a breach or violation of the duty, as well as injuries that were caused by the breach and damages arising from the harm.

In some cases, additional considerations may also emerge. One of these issues is the rule of comparative fault. This provides that a victim’s damages may be reduced if he or she is also partially responsible for the injuries. However, a Tennessee resident who is found to be somewhat at fault can still recover a limited amount of damages, diminished according to his or her percentage of responsibility.

When your husband or wife has been hurt because of another person’s negligence, you may be entitled under Tennessee law to make a claim for loss of consortium. This arises when the injuries of a spouse have impaired the marital relationship, including the companionship and affection that each person provides to the other. While a claim for loss of consortium stems from the victim’s accident, it is an entirely separate action for damages. However, it is necessary to first prove the elements of negligence in the underlying case in order for a loss of consortium claim to be successful.

Available Damages and the Statute of Limitations

There are several types of damages that may be available in a personal injury case. One type, economic damages, can include past and future medical expenses, lost wages, lost earning capacity, and property damage. Non-economic damages often account for the pain and suffering that a victim experienced. These generally cannot exceed $750,000, or $1 million in cases arising from serious injuries. Punitive damages, which are meant to punish the wrongdoer, may sometimes be available, but it is necessary to prove that a defendant acted in a reprehensible manner, either intentionally or recklessly.

It is vital to begin the legal process for your personal injury claim as soon as possible. The laws of Tennessee set strict deadlines for filing a lawsuit. Known as statutes of limitations, these rules require you to bring a personal injury case within one year from the date of the accident. There may be some exceptions, particularly in cases when the harm was unknown for a period of time.

Discuss Your Injury Claim with a Franklin Attorney

The injury lawyers at Martin Heller Potempa & Sheppard are skilled in using the latest technology to seek favorable outcomes for accident victims from Franklin and beyond. We also recognize the importance of listening to your concerns and understanding your individual needs. To speak with one of our attorneys about your case, you can complete our contact form or call (615) 800-7096.