Pulaski Personal Injury Attorney
Each year, millions of Americans suffer injuries in accidents. In fact, according to the Centers for Disease Control and Prevention (CDC), unintentional injuries account for 39.4 million visits to doctor’s offices across the country each year.
Many of these accidents are just that, and no one is at fault. But if someone else caused your injuries through their own careless or intentional behavior, then you may be able to file a personal injury claim against them and their insurance company. Through a lawsuit, you may be able to recover for your full range of losses, including lost wages, property damages, medical expenses, and pain and suffering.
With offices in Winchester and Tullahoma, John R. Colvin Attorney at Law represents clients throughout Giles County. If you have been hurt in any type of accident, we will fight for your right to compensation. Our law firm offers free initial consultations, and we never charge a fee unless we recover money for you.
Proving Fault in a Pulaski Personal Injury Case
Most personal injury cases are based on a theory of negligence. Under Tennessee law, negligence has four elements:
- Duty: the at-fault party (defendant) owed the injury victim (plaintiff) a duty of care.
- Breach: the defendant breached or violated that duty in some way.
- Causation: this violation was the proximate (but for) cause of the plaintiff’s injuries.
- Damages: the plaintiff suffered losses as a result.
To recover compensation, your Pulaski personal injury attorney will need to prove each of these elements by a preponderance of the evidence.
For example, consider a situation where you were rear-ended by a distracted driver. Your lawyer can introduce evidence to show that the other driver had a duty of care to other drivers on the road, and that they violated that duty by texting and driving. If their distracted driving was the “but for” cause of the crash and you suffered injuries, then you will be able to recover compensation for your losses.
In a personal injury lawsuit, you may be entitled to three types of damages: economic, non-economic, and punitive damages. Both economic and non-economic damages are compensatory, which means that they are meant to compensate you for a specific loss. By contrast, punitive damages are designed to penalize a wrongdoer and deter others from engaging in similar conduct.
Economic damages cover tangible financial losses, and can often be proved through bills, pay stubs, and invoices. They may include things such as medical bills, future medical treatment, lost wages, reduced earning capacity, and property damage.
By contrast, noneconomic damages are meant to address intangible losses, such as pain and suffering, scarring, disfigurement, emotional distress, and loss of enjoyment of life. These types of damages can be harder to prove, which makes it all the more important that you have skilled legal representation to build a case for full recovery.
Punitive damages are rarely available in personal injury cases, as they are meant to address intentional or reckless conduct. However, there are certain situations – such as drunk driving accidents – where punitive damages may be appropriate. Your personal injury lawyer can advise you on the possibility of recovering punitive damages in your case.
Personal injury claims are typically handled on a contingency fee basis, which means that you won’t pay any money upfront. Instead, you will pay a percentage of your recovery (settlement or verdict at trial) as an attorney’s fee. This type of fee arrangement allows you to hire an attorney even if you cannot afford to pay out of pocket for a lawyer.
Types of Cases We Handle
Personal injury lawsuits are typically based on a theory of negligence, which is the failure of a person to use the care that a reasonable person would in a similar situation. If this negligent behavior results in injuries or death to another person, then you may be able to file a claim against that person or organization.
Our law firm has experience handling all types of Tennessee personal injury cases. Our practice areas include:
- Motor vehicle accidents
- Slip and fall (premises liability)
- Wrongful death
- Product liability (dangerous or defect products)
- Nursing home abuse
- Bike accidents
- Burn injuries
- Truck crashes
- Catastrophic injuries
- Bus accidents
Each of our cases starts with a free consultation, where we will explain your legal rights and options for pursuing a claim. If you decide to hire us, we will thoroughly investigate the underlying facts of your accident and research Tennessee law to build the strongest possible claim for compensation.
From there, your Pulaski personal injury lawyer will draft a demand letter to the insurance company. This letter will outline the facts of the case, set forth the legal reasons why their insured is responsible for your injuries, and make a demand for damages (compensation). This typically begins a negotiation process, where each side goes back and forth with settlement offers.
The vast majority (97%) of personal injury cases settle out of court. However, if the insurance company refuses to offer a fair settlement or denies liability, your personal injury lawyer may advise you that the best course of action is to file a lawsuit. If the case doesn’t settle before trial, then your attorney will present evidence, question witnesses, make arguments – and ask a jury to find in your favor.
When Should You Contact a Personal Injury Lawyer?
Under Tennessee law, you have just one year to file a lawsuit after an accident. This time limit, known as the statute of limitations, is one of the shortest in the country. With some exceptions, such as when the injured party is a minor or in medical malpractice cases, the clock begins to run on the date of the accident.
Because the statute of limitations is so short, it is important that you reach out to a Pulaski personal injury attorney as soon as possible after an accident. Your lawyer can advocate for you, and make sure that you get fair compensation for your injuries.
What Are Some Examples of Negligence?
Negligence can take many forms. For example, a truck driver who violates hours of service rules may cause a truck crash due to drowsy driving. Alternatively, a store owner who does not promptly clean up a spill may be considered negligent in a personal injury claim.
If you have been injured due to the careless actions of another person, you may be entitled to financial compensation. A Pulaski personal injury attorney can advocate for your rights and help you get the money that you deserve for your injuries.
Are Personal Injury Attorneys Worth It?
If you were involved in an accident, you may be tempted to handle it on your own. In some cases, such as minor car crashes, this may be fine. However, if you were hurt in the accident – and particularly if you suffered a serious injury like a traumatic brain injury or spinal cord injury – then your best bet to fully recover is to work with an attorney.
Insurance companies are in the business of maximizing profit – and to do so, they work to deny or minimize legitimate claims against their policyholders. Having a skilled personal injury lawyer with decades of experience on your side can help to level the playing field. If you have been hurt in any type of accident, from a motor vehicle accident to products liability to a slip and fall, reach out to our law offices today to schedule a free consultation.
Help for Injury Victims in Pulaski, TN
An accident can be overwhelming physically, emotionally, and financially. After being hurt in an accident, you may not know where to turn for help or what to do next. Our law firm is here for you.
John R. Colvin, Attorney at law, represents injury victims throughout the Pulaski area in all types of personal injury cases. With more than 25 years of experience in Tennessee personal injury law, he is well-equipped to take on the biggest insurance companies – and win. To learn more or to schedule a free consultation with a Pulaski personal injury law firm, call our office at 877-771-8644 or fill out our online contact form.