Nashville Personal Injury Attorneys
Fighting for the injured throughout Middle Tennessee
If you have been seriously injured or someone you love has been killed due to the negligence of others, you need a compassionate, experienced personal injury attorney who knows how to take care of his clients and get them the results they deserve.
Attorney Rocky McElhaney and his team of Nashville personal injury lawyers provide the people of Tennessee with the advice and guidance they need to heal from their injuries and move forward with their lives. Your injuries may entitle you to compensation for lost income, property damage, past and future medical bills, pain and suffering, disability, disfigurement, and emotional distress. Let Rocky and our team of injury attorneys fight to give you the best possible results at an affordable price.
"When I was a teenager, Dad got hurt. Insurance company wouldn't pay. We lost our house. But, Dad got a lawyer and we got justice. That's the moment I decided to become an attorney. As a lawyer, I have dedicated my life to helping injury victims."
What is a personal injury lawyer, exactly?
A personal injury lawyer is an attorney who handles civil cases (also called torts). We don’t argue whether an act of negligence is a crime; instead, we build a case to show that someone else’s negligence led to your injuries.
What kinds of accidents and injuries lead to personal injury lawsuits in Nashville?
The leading cause of accidents and injuries is negligence – the negligence of another driver, of a government agency, of a manufacturer, of a property owner, etc. Rocky McElhaney Law Firm handles all manner of personal injury cases, including:
Motor Vehicle Accidents
Premises Liability Claims
When you’re hurt, you want a fighter in your corner – someone you can trust to treat you and your case with respect. You also want someone who’s handled complex injury cases, with a track record of successful verdicts and settlement awards for their clients. We bring in accident reconstruction and medical experts to prove the extent of your injuries and use computer animation and visual presentations to convey that message to the jury.
What kinds of injury claims do you handle in Nashville?
Our practice focuses on helping those who need it most — victims of catastrophic injuries and families who have lost a family member due to the negligence of others. Examples of catastrophic injuries include:
How do you choose a personal injury attorney in Nashville?
If you sustain an injury, choosing the best Nashville personal injury lawyer for your needs can be a little overwhelming. After all, there are a lot to choose from! Still, there are a few things you should look for in an attorney:
- How much experience does he/she have?
- What do former clients have to say?
- Will he or she force me to take a settlement, or does the attorney have trial experience?
- Who have my friends and loved ones used when they needed a lawyer?
- When I come in for appointments, do I always meet with the same person/people, or is it someone new every time?
- How often does this attorney update me about my case?
You can find a lot of these answers online, but looking at Google reviews, but there are other places to look, too. One place to start is the Tennessee Bar Association, which lists its members. You can also look at the Better Business Bureau to see what ratings local attorneys have.
What is a personal injury lawsuit?
A personal injury lawsuit is a tort: a type of civil (i.e., non-criminal) wrong that causes a person, or a group of people, to suffer losses. Under tort laws, you can claim compensation if you can prove the other person or party is responsible (or liable) for those losses.
In personal injury lawsuits, the losses are related to an injury.
What constitutes an injury?
Not all injuries are physical, those most of the claims we handle revolve around someone being hurt. Injuries can be:
- Economic. Because you were injured, you were unable to work, or to pay your bills. Perhaps you needed extensive medical treatments, which cost you money. Or maybe someone else’s negligence led to other economic losses, such as excessive money on gas and tolls, the interruption of your business, or the costs associated with having a spouse or family member e your caretaker.
- Mental or emotional. Did you know that approximately 70% of all people in this U.S. will be the victim of a traumatic event? And that as many as 20% of those victims will develop post-traumatic stress as a result? In a personal injury lawsuit, you can make a claim for compensation for your emotional, mental, or psychological trauma.
- Painful, or induce suffering. A personal injury lawsuit allows you to claim compensation for your pain and suffering, associated with the injuries (physical or otherwise) that you sustained.
It’s important to know that just because an injury heals doesn’t mean you can’t seek compensation through a claim or lawsuit. For example, if you fall in someone’s house and you break your leg, you’re going to have a lot of medical bills. We can make a claim against their homeowners’ insurance to recoup those expenses (and more).
How much is my Nashville personal injury case worth?
Every personal injury case is different, so the amount your case is worth will depend on a lot of factors. When you file a personal injury lawsuit in Nashville, you can make a claim for damages: a type of compensation awarded to a victim. There are three categories of damages:
- Economic. Economic damages are those which can be counted, like your medical bills, your lost wages, any costs associated with your care, your loss of future earning capacity, and so forth.
- Non-economic. Non-economic damages are less easily quantified. They include things like pain and suffering, loss of companionship, and mental trauma.
- Punitive damages. Punitive damages are designed to punish a wrongdoer for reckless, dangerous, and or/egregious behavior.
Calculating damages for your Nashville injury case
There is no limit to claiming economic damages because the amount of money your injury has cost you can be added up.
Non-economic damages, however, don’t have a quantifiable number. They are usually calculated by taking your economic damages and multiplying it by a number between 1 and 5. The problem arises when an insurance company wants to assign one number, but your attorney believes it should be another number.
EXAMPLE: You have $100,000 in economic damages after you sustain a traumatic brain injury. Using the formula, your non-economic damages will likely be between $100,000 and $500,000.
But there’s a catch: Tennessee has placed a cap on non-economic damages. Using the same brain injury example, your non-economic damages could be limited to $750,000 in total. So, even if your TBI costs you $10,000,000 in economic damages, you can still only collect $750,000 in non-economic damages. The only exception to this rule is if your injury is deemed “catastrophic,” in which case the cap is raised to $1 million. Catastrophic injuries include:
- Spinal cord injuries that lead to quadriplegia or paraplegia
- Amputation of both hands, both feet, or one hand and one foot
- Third degree burns on at least 40% of your body
- The wrongful death of a minor child/children
Until recently, punitive damages were also capped in Tennessee. However, a ruling by the 6th Circuit Court of Appeals in December of 2018 found that this cap was unconstitutional. As of now, punitive damages are no longer capped.
Can I afford a personal injury attorney?
Yes, you can! Personal injury lawyers work on contingency: that means that their pay is contingent, or reliant, upon winning your case.
In other words, if you don’t get paid, we don’t get paid – period.
Typically, Nashville injury attorneys charge between 25% and 40% of your final award. That might seem like a lot of money at first, but remember that all the costs associated with your case are paid by the law firm – and if the attorney loses your case, he or she doesn’t get that money back.
How long do I have to file a personal injury claim in Nashville?
In Tennessee, you generally have one year from the date of your injury, or from the date you reasonably should have known you were injured, to file a personal injury claim. There are exceptions to this rule, but the best thing you can do is call a Nashville injury lawyer ASAP after getting hurt, so that you don’t miss the deadline.
Can I settle my personal injury claim without an attorney?
You can, but you really shouldn’t.
First, remember that your insurance company:
- Wants to keep your money
- Has attorneys of its own
Trying to go up against your insurer’s attorneys without a lawyer on your side is the proverbial knife in a gun fight: these companies make money by keeping yours. And they will pull every legal trick in the book to deny you fair compensation after a serious personal injury.
Insurance companies often have ulterior motives for what they offer as a settlement. They frequently try to force victims to settle quickly to avoid responsibility for injuries that may arise in the future. For example, many brain injuries cannot be diagnosed until months after an injury occurs.
These companies take advantage of the fact that families may need money to help care for the victim and pay bills, and quickly offer settlements to avoid paying a much greater amount in the future.
Settlement or litigation
In some cases, a settlement might not be the best option for you. Some injuries are too severe, and some insurers too stubborn, to reach a settlement offer that is fair and just. In this case, you might choose to litigate your case in a trial.
We’ll make sure to discuss whether a settlement or litigation is the right option for you during our consultation. You won’t be forced into one path or the next.
How long does it take to get a settlement check from the insurance company?
Once your case has been resolved, all that’s left is to wait for the check from the insurance company – and that can take longer than you think it will. Each insurance company has a different internal process, which means it can take a few weeks or a few months before the money finally comes through.
Once it does, you may not necessarily receive a check, either. Most times, insurance companies put their settlement or verdict awards into a trust. Your attorney will deduct his or her fees for representing you, as well as any liens that might be against you, and then we cut you a check for the rest of the amount. Our team aims to do this as quickly as we can, because we know that you need that money to pay your own bills and get the treatment you need to recover.
Resources for injury victims in Nashville
We know that when you are hurt, your first concern should be getting medical attention. If you are hurt, call 9-1-1 immediately to get help. You can also call:
- Metropolitan Nashville Police Department: 615-862-8600
- Nashville Fire Department: 615-862-5421
- Emergency Medical Services (EMS): 866-850-1453 or 615-622-9354 (for questions about your bill)
- HELP Trucks (Go “Big Yellow”!): 615-862-8600
Nashville is also home to multiple hospitals – at least 17 in the city and its suburbs. According to the Leapfrog Group, you can find these hospitals right in the City of Nashville – and check out their safety grades, too:
2000 Church Street
Nashville, TN 37236-0002
1818 Albion Street
Nashville, TN 37208-2918
2300 Patterson Street
Nashville, TN 37203-1528
1211 Medical Center Dr.
Nashville, TN 37232-2102
Do you have a personal injury lawyer near me?
Rocky McElhaney Law Firm has two offices in Nashville: one at 545 Mainstream Dr., Suite 105 and one at 615 Main Street, B21. We also have state-of-the-art offices in Hendersonville and Clarksville. If you are too injured to come to us, we will make home and hospital visits, or schedule a phone or video consultation.
545 Mainstream Dr #105
East Nashville Location
615 Main St., B21
475 Saundersville Rd.
2197 Madison Street, Suite 103
Give your Nashville personal injury claim a fighting chance
When you’ve been hurt and you don’t know where to turn, get a Gladiator on your side. The Rocky McElhaney law firm handles personal injury claims throughout Tennessee. To schedule a free initial consultation with a member of our team, please call 615.425.2500 or fill out our contact form. With offices in Nashville, Hendersonville, and Clarksville, we’re always nearby when you need us the most.