Winchester, TN Personal Injury Attorney
Injuries shatter lives – but we want to give you the tools to pick up the pieces. If someone’s mistakes caused your injury, they should pay you for the harm they’ve caused.
John R. Colvin believes in fairness, and he makes sure his clients get compensated for the costs of their injuries. We stand up to insurance companies, negligent parties and other attorneys to win the payment our clients deserve.
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Imagine a place where hundreds of thousands of petty crimes happen each year, where – on average – there is at least one violent crime committed each day, where police resources are strained to respond to the overwhelming occurrence of crime. Perhaps you’ve envisioned a major American city plagued with urban decay, or a third-world country riddled with social unrest. But the description above is not of a dangerous city or a remote, war-torn country – it’s of Walmart. Continue Reading
Damages in Personal Injury Lawsuits
Under Tennessee law, a plaintiff in a personal injury case can collect no more than $750,000 in non-economic damages, with a few exceptions. In the case of catastrophic injury, which includes some spinal cord injuries, severe burns, and wrongful death of a parent with a surviving minor, a jury may award up to $1 million in damages.
If the act that caused the injury was malicious, intentional, fraudulent or reckless, a plaintiff may also pursue punitive damages – a monetary penalty intended to punish a wrongdoer. Those awards cannot exceed $500,000, or two times the amount of compensatory damages, unless the plaintiff can show one of the following:
- The defendant intended to – and did – seriously injure the plaintiff.
- The defendant falsified, hid, or destroyed evidence in an effort to hide his liability.
- The defendant, at the time of the accident, was under the influence of alcohol or illegal drugs.
Before 2011, there was no cap on non-economic damages in civil litigation. The $750,000 limit was established in the Tennessee Civil Justice Act of 2011. In March 2015, a Tennessee circuit court judge ruled the damage cap is unconstitutional, which means the state supreme court may end up deliberating the constitutionality of the law. As of June 2014, eight state supreme courts had declared their laws capping non-economic damages to be unconstitutional.
Expenses Covered in Personal Injury Claim
A personal injury claim can help you recover compensation for…
- Hospital bills
- Ambulatory care
- Rehabilitation for injuries
- Ongoing care
- Other medical expenses
- Loss of income (past and future)
- Property damage
- Post-traumatic stress disorder.
As you can see, the expenses you can pursue in a personal injury claim include both economic and non-economic damages. Determining how much you should seek in a claim depends on the costs you face and how significantly the injury has impacted your life. We can help you figure out how much to demand from insurance companies or at-fault parties.
Contact John R. Colvin today so we can hear the details of your case and give you an assessment of the damages you can recover.
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Dealing with Insurance Companies After a Serious Injury
One of the key responsibilities of an attorney is dealing firmly and aggressively with insurance companies. Insurers offer policies that cover expenses when things go wrong. Unfortunately, it’s too often the case that once a catastrophe happens, these insurance companies deny payment or offer far less than an injured person deserves.
If you’ve been involved in an incident that warrants an insurance claim, you might be contacted by a representative of an insurance company. In general, you should cooperate with your own insurance company when they contact you. However, you DO NOT have to accept an offer if it doesn’t meet your needs.
If you are contacted by someone else’s insurance company after an accident or injury, you are under absolutely no obligation to speak to them. They want you to make a statement, and they’ll look for opportunities to minimize or refuse payment. If you’re contacted by an insurance company that is not your own, tell them to contact your attorney.
John R. Colvin knows how to deal with insurance companies. We handle correspondence and payment negotiations, so our clients can rest assured that they don’t have to worry about this critical aspect of filing a personal injury claim.
Contact John R. Colvin today to learn more about how we can help you. We will stand up for your interests and make sure you are treated fairly. Schedule a free case evaluation by giving us a call or filling out our online contact form.
The Cost of Medical Care in Tennessee
Some injuries are so severe that they result in long stays in the hospital and multiple procedures.
In 2002, a 6-year-old boy was seriously injured in a car crash that killed his father and grandfather. He spent 54 days in the hospital, as doctors worked to repair his spine, intestines, lungs and abdomen, along with several other injuries. He then spent 25 days at a children’s hospital, and after his release, he was hospitalized several times for the treatment of infections and complications that arose from his injuries. The boy’s mother filed a suit against Ford Motor Co., claiming a seat belt defect had caused her son’s injury. A jury awarded $43.8 million in damages to the mother, and found Ford was 15 percent at fault and therefore liable for $6.75 million of the total award.
In instances of extreme disabling injury or death, families count on the justice system to help them cope with the costs of medical care and loss of income. And in order to achieve a favorable outcome, it’s important to find an experienced Winchester, TN personal injury lawyer.
John R. Colvin has represented the interests of many families in personal injury cases. If you need help with your personal injury case, call us today for a free consultation, at (931) 962-1044.
TN Health Care Negligence
When an injury arises in the care of another – in a hospital or nursing home, for example – the victim may have a hard time proving a claim of negligence. Tennessee Code Annotated, Section 29-26-115, states, “ … injury alone does not raise a presumption of the defendant’s negligence.”
To prevail in a claim of negligence against a health care provider, a plaintiff must provide evidence that establishes the standard of professional care for the defendant’s specific function and that the defendant “acted with less than or failed to act with ordinary and reasonable care in accordance with such standard.”
These types of cases can become complicated when the suit is filed by the family member of a victim who is incapacitated or who is unable to deliver clear testimony about the cause of their injury. That’s one reason why nursing home abuse or neglect may be difficult to prove, although statistics indicate nursing home patients are routinely exposed to unreasonable hazards.
As of June 2015, data from the previous three inspection cycles of Tennessee nursing homes found that of 321 homes inspected, 37 had serious deficiencies, meaning factors that put residents in immediate jeopardy. One nursing home was cited for failure to properly investigate a patient’s lacerated foot and broken bone and was cited for additional serious deficiencies just three months later.
Winchester Personal Injury Lawyer John Colvin: Defending Your Rights
Whether a patient in a nursing home or a passenger in a car, a person whose injuries are caused by the negligence of another party may exercise their right to seek compensation. Insurers and businesses will do their best to defend their own interests in such cases, or to reduce awards paid to plaintiffs. With a lawyer on your side, however, you’ll have a better chance at getting favorable results.
If you need help with a personal injury case, call experienced Winchester, TN personal injury lawyer John Colvin now at (931) 962-1044, or fill out our online contact form.
What Sets John R. Colvin Apart
- John handles your case directly.
- We devote the time, effort and resources your case deserves.
- John has more than 20 years of experience representing clients.
- We fight for maximum compensation.
- We answer your questions promptly.
When you hire John R. Colvin to be your attorney, you know that he will be handling your case personally. We are not in the business of easy results to simply earn a quick attorney fee. When we accept your case, we want to know how your injury has impacted your life, so we can get you compensation that reflects the challenges you’ve been facing.
John R. Colvin devotes the time and energy your case deserves, and our client testimonials tell the tale of our hard work. We not only fight for maximum compensation, we keep you informed about the progress of your case and answer any questions you might have. Our firm knows that maximum results and exceptional service are what our clients expect, and we make sure we deliver.
To learn more about what John R. Colvin can do for you, contact us today to schedule a free consultation.