Frequently Asked Questions
The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting personal injury Attorney Patrick M. Barrett, III, of the Barrett Law Office, you can receive a personal consultation regarding your specific legal claim.
- What is Personal Injury?
- What financial compensation can I recover in a Nashville, Tennessee personal injury claim?
- Under what circumstances can a Nashville, Tennessee wrongful death occur?
- Who can file a wrongful death lawsuit?
- How do I know if I need an attorney?
- What is a Contingency Fee?
Personal Injury is any physical or mental injury to a person that results from another person’s negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Tennessee. Personal injury often refers to bodily injury and can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
- Auto Accidents
- Railroad Accidents
- Dangerous or Defective Product Injuries
- Motorcycle Accidents
- Slip and Fall Accidents
- Medical Malpractice
- Toxic Torts
- Traumatic Brain Injury
- Wrongful Death
What financial compensation can I recover in a Nashville, Tennessee personal injury claim?
Accident victims are entitled to recover monetary damages for all losses and expenses suffered from the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
- Medical Bills
- Lost Wages, Including Overtime
- Pain & Suffering
- Physical Disability
- Disfigurement
- Emotional Trauma
- Mental Disability
- Property Damage
Under what circumstances can a Nashville, Tennessee wrongful
death occur?
Tennessee Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful, or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:
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Medical malpractice resulting in decedent's death
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Neglect or abuse on the part of a nursing home that results in decedent's death
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Automobile, bus, train, railroad, airplane or other common carrier fatality accident
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Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.)
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Death during a supervised activity (sports tournament, field trip, etc.)
Who can file a wrongful death lawsuit?
A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents.
Pecuniary (financial) injury is the main way damages in wrongful death cases are awarded. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrong-doing to punish the wrong-doer, and/or deter others from behaving similarly.
How do I know if I need an attorney?
If you have been seriously injured in Nashville, Tennessee, or within the surrounding areas of Tennessee, and are unsure about the outcome of your injury, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. State laws require lawsuit filing within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries. Personal injury Attorney Patrick M. Barrett, III, of the Nashville, Tennessee Barrett Law Office can advise you on the applicable statute of limitations for your injury case.
A contingency fee is a fee Nashville, Tennessee personal injury Attorney Patrick M. Barrett, III, uses in personal injury cases and is dependent upon the successful resolution of your case. A contingency fee is paid as a percentage of your monetary recovery; typically it is one third of the awarded settlement. A contingency fee refers to the words “there is no fee unless we win your case."
If you or someone you know in Nashville or within the surrounding cities and counties of Tennessee, needs the assistance of an experienced personal injury lawyer, please call Attorney Patrick M. Barrett, III, of the Barrett Law Office today at 866-822-8661, or complete the contact form on this site to begin your free consultation with a skilled Tennessee serious injury attorney.
