Knowledgeable Clarksville Car Accident Attorneys Ready To Serve You
As the oldest and largest law firm in Clarksville, Tennessee the Law Firm of Batson Nolan PLC handles automobile accidents that result in serious personal injuries or death to our clients and their loved ones. Our Clarksville car accident lawyers have protected our clients throughout Tennessee and Kentucky for over 150 years obtaining the maximum recovery possible for their injuries. We want to help you and your family.
Car Accidents Are Stressful and Life-Altering – Finding an Attorney Doesn’t Have to Be
Unfortunately, most people will be involved in an accident at some point in their life. According to the Tennessee Department of Safety and Homeland Security, there were 1009 traffic fatalities and 37,264 serious injuries caused by automobile accidents throughout the state in 2017. The consequences and repercussions of a serious car, truck, motorcycle, or other serious accident can be life-altering, placing both you and your family’s future in serious jeopardy if you do not act quickly to protect yourself and your loved ones. It is important if you or a loved one has been injured by the negligence, recklessness, or intentional actions of another that you speak with one of our experienced Clarksville car accident attorneys to preserve evidence, to protect your rights, and to ensure that the largest possible damages are recovered for your injuries.
Tough Negotiators, Tough and Experienced Trial Lawyers
At Batson Nolan PLC, our personal injury attorneys are experienced, tough trial lawyers with decades of trial experience representing victims like you who have been harmed by the negligence and careless acts of others. We have protected people just like you since 1860, and as the largest law firm in Clarksville, we place our considerable resources behind you to ensure that you are not taken advantage of or forced into a low settlement that is less than what you deserve. After you submit the initial report to the insurance agency, our lawyers can handle any additional communications with their representatives so you can focus on what is truly important: your recovery. Using our years of experience in dealing with insurance companies, we will develop a negotiating strategy for your specific case in order to fully and aggressively protect your rights and interests. We will not hesitate to take your case to trial if that is what is necessary to recover your damages.
Our experienced auto accident lawyers possess the resources and experience required to undertake a thorough investigation of your accident in order to determine the fact pattern and the amount of damages you are entitled to. This process includes reviewing evidence from the crash location, requesting publicly-available video footage of the accident captured by nearby traffic and/or security cameras, questioning witnesses to gather more details, reviewing your medical treatment history, and consulting with healthcare providers to determine if further treatment is required. Additionally, our legal team is expert in appraising non-economic forms of damages you may be owed, such as pain and suffering.
Fault and Damages: The Keys to Financial Recovery
In order to recover financial compensation after a car accident in Tennessee, you need proof. Specifically, you need proof of two things: (i) the other driver’s (or someone else’s) fault, and (ii) your damages.
Proving Fault in a Car Accident
In a car accident, fault can take many different forms. For example, in recent years, distracted driving has become a leading cause of all types of vehicle collisions. Despite the obvious dangers of not looking at the road or not having your hands on the wheel, drivers continue to give in to distractions at an alarming rate. According to the most recent data from the National Highway Traffic Safety Administration (NHTSA), nearly one out of every ten fatal accidents is caused by a distracted driver.
Other common driving mistakes – such as speeding and tailgating – cause a significant percentage of car accidents as well. However, when seeking financial compensation after an accident, it is important not to look solely for evidence of driver negligence. From negligent road construction and maintenance to vehicle defects, there are numerous non-driver-related factors that can be to blame for serious and fatal accidents as well.
At Batson Nolan PLC, our Clarksville car accident lawyers help accident victims and families recover just compensation for car accidents caused by factors including:
- Driver Negligence – As we mentioned above, distracted driving, speeding, tailgating, and other driving mistakes are among the leading causes of car accidents in Tennessee. Reckless driving, fatigued driving, and other forms of driver negligence are also common. When you hire our Clarksville car accident attorneys to represent you, these will all be among the potential factors we examine when we evaluate your claim for damages.
- Drunk Driving – While driving under the influence (DUI) is a form of driver negligence, it warrants its own separate consideration. In cases involving DUI accidents, the drunk driver will often be ticketed and face substantial penalties, but this does not provide compensation to the accident victims. If you were injured or a family member was killed by a drunk driver in Tennessee, our attorneys can file a civil claim to recover just compensation on your behalf. The same is true if the other driver was under the influence of marijuana or any other drug.
- Road Construction – Road construction presents a number of potential hazards for drivers. From debris in the roadway to sudden lane closures, and from faulty road design to negligent road construction, numerous issues can create unexpected and severe dangers that can be directly responsible for causing serious collisions.
- Potholes and Other Issues with the Road – Potholes, crumbling shoulders, broken guardrails, missing signs, and other issues with the road are all issues that can cause accidents as well. In-car accident cases involving road maintenance issues, injured drivers and passengers may have claims against state highway authorities, local municipalities, government contractors, and various other parties.
- Vehicle Maintenance Issues and Defects – From a legal perspective, vehicle maintenance issues and vehicle defects are very different. Faulty maintenance claims are governed by the law of negligence, while vehicle defect claims are governed by the law of strict liability. However, maintenance issues and defects can have the same practical consequences, and accident victims are entitled to just compensation regardless of the specific underlying cause of their injuries.
No matter what caused the accident, if you were severely injured or a member of your family was killed and someone else is to blame, you are entitled to full financial compensation under Tennessee law. Our Clarksville car accident lawyers can quickly launch an investigation to determine the cause of the accident and collect the evidence we need to prove your right to damages.
Proving Your Accident-related Damages
In addition to proving that someone else is liable for your injuries, you also need to prove how much you are entitled to recover. In legal terms, your losses are referred to as “damages,” and damages can either be financial or non-financial in nature.
Financial losses include not only direct out-of-pocket expenses such as medical bills and prescription costs but also loss of income and benefits. If someone else was at fault in your collision, you are entitled to compensation for each day you have missed from work and each day that you will miss from work in the future. This reflects another key aspect of providing damages after a car accident: In Tennessee, accident victims are entitled to compensation for their current and future damages. So, beyond adding up your losses to date, you also need to work with your lawyer to forecast your losses in the weeks, months, and possibly even years to come. This applies to your non-financial damages as well, including emotional trauma, pain and suffering, and loss of companionship and society.
Some cases are open-and-shut when it comes to which party is at fault. However, the majority of accidents involve scenarios in which both drivers share responsibility for the sequence of events that led to the collision. Tennessee is what is known as a “Comparative Fault” jurisdiction, which means that your total damage reward must be reduced proportionately by your share of fault. Put another way, if you were to be found 25% liable for an accident in which you were awarded $100,000 in damages, you would only receive $75,000. Although this legal approach is only applicable in a court of law, some insurance companies may attempt to apply fault in an attempt to offer you a lower settlement. The auto accident attorneys at Batson Nolan PLC are intimately familiar with the tricks insurance representatives typically pull and can advise you on how to respond so you are not taken advantage of.
Simply stated, we understand that when you have a serious personal injury your life has been turned upside down and it is only natural that you feel overwhelmed, frustrated and uncertain about what the future holds. It is hard for you to know where to turn and what to do next, but we can and will help you and your family. Our car accident lawyers fight for our clients guiding you through every step of the process recovering the money you are owed and deserve.
The Statute of Limitations Deadline
The statute of limitations sets the deadline for you to file your claim with the court. You don’t need to win the lawsuit by the statute of limitations deadline; all that is required is that your complaint is properly filed so that the court can docket it. If the deadline passes without you filing a lawsuit, however, you won’t even be able to negotiate a settlement.
In most cases, Tennessee applies a statute of limitations deadline of only one year after the accident. This is one of the earliest deadlines in the country, which is why you need to move quickly after an accident to secure legal representation.
Wrongful Death Claims
A personal injury claim does is not extinguished if the victim dies from his injuries. Instead, the personal injury claim in favor of the victim becomes a wrongful death claim in favor of surviving relatives. According to the Tennessee statute of limitations, such a claim must be filed within one year of the victim’s date of death.
Wrongful death claims are filed by the victim’s surviving spouse – if there is one. If the victim leaves no surviving spouse, certain other close relatives, such as surviving children, may file the claim. Compensation can be quite high as it includes compensation for the emotional trauma suffered by survivors as a result of the victim’s death.
Contact Our Clarksville Car Accident Attorney Today
The right attorney and law firm do make a difference in the amount of money you may receive for your injuries. Personal attention and experienced representation from the right attorney likely will be the difference between you recovering some of your damages as opposed to all of your damages. It costs nothing to speak with one of our experienced trial attorneys about your case as all consultations are free. Our highly experienced Clarksville car accident lawyer is ready to help you. Your peace of mind begins with your call — contact us today.