Answers to Your Most Frequently Asked Questions

Protecting the rights of victims throughout Tennessee

After you’ve suffered a personal injury, you’re going to have questions. We understand. At the Rocky McElhaney Law Firm, we answer questions for our clients every day. We wanted to answer some of the more frequently asked questions in writing, so that you can make informed decisions about your future. We know that having answers can ease your stress levels, and help you choose the right path to take after an accident.

We’re here to answer all of your personal injury questions

The attorneys of the Rocky McElhaney Law Firm in Nashville can answer whatever questions you have about personal injury laws, and how those laws can affect your case. We protect the rights of our clients from the moment we agree to work together. To schedule a free consultation, please call 888.619.4765 or fill out our contact form. In addition to Nashville, we proudly serve clients in Chattanooga, Columbia, Hendersonville, Kingsport, Knoxville, Memphis and Murfreesboro.

Why do I need an attorney to deal with the insurance company? Aren’t they there to protect me?

In short, no – your insurance company’s priority is making money, not paying you compensation. The average insurance policy is long and filled with disclaimers and rules that can make it impossible for victims to collect their due compensation. Our lawyers understand how the insurance companies work, and that their primary goal is to keep as much of your money as they can in their pockets. We know which loopholes their lawyers will use to try to avoid a payout, and we know how to build a case properly and with the right documentation to ensure that they give you what is rightfully yours.

What should I tell the police officer filing my accident report?

Always tell the police officer at the scene the truth. DO NOT admit fault, even if the officer seems to pressure you. Tell him/her exactly what happened to the best of your ability, and avoid embellishing the story in any way. You should be prepared to give the officer your driver’s license, registration and insurance card. If any part of you hurts, inform the officer at the scene, and request an ambulance if you need one.

How do I know how much my claim is worth?

A claim’s “worth” is never predetermined – and that’s a very good thing. If, say, a car accident was worth a set amount of money, that amount might not cover extenuating circumstances, such as hospital bills or lost wages. The best thing you can do after seeing your doctor is to call us; our personal injury attorneys will look over the circumstances of your accident, review the police report and your medical bills, and build a case specific to what you’re suffering.

Should I accept a settlement from the insurance company if I think it sounds fair?

Never accept a settlement without speaking to a lawyer first, no matter how “fair” it sounds. Your insurance company doesn’t want to pay you a fair amount: they want to pay you what they think you’ll take so that they can make a profit. That being said, you DO NOT HAVE to go to trial if you don’t want to go. At our firm, we undertake settlement negotiations on behalf of our clients all the time. We can fight on your behalf for a settlement agreement that accurately reflects what you deserve.

What is a contingency fee?

Personal injury attorneys almost exclusively work on contingency. This means that you pay nothing UNLESS we win your case. Our fees come out of your winnings. In the rare circumstances that we lose, you don’t owe us any money at all. We front all of the costs of the case, and we do not recover those costs unless we win. At our firm, we take on the cases that others deem unwinnable because we don’t mind the fight, but we never force anyone to file a lawsuit unless we believe we can win it.

Why should I choose the Rocky McElhaney Law Firm?

Our lawyers are widely acknowledged throughout Tennessee as formidable adversaries in the boardroom and the courtroom; we’ve earned our reputation as fighters on behalf of our clients. We aren’t afraid of the insurance companies, and we don’t accept settlements that aren’t fair to our clients. We have the experience, the skills and the resources you want on your side. We are aggressive advocates for justice who know that your future depends on the compensation that can help you recover, so we always put the full power of our firm behind every case. When you’re suffering, we’re right by your side and fighting on your behalf.