Dedicated Clarksville Personal Injury Attorneys Ready To Serve You
Attorneys in this area:
Dan L. Nolan | Daniel Mark Nolan | Suzanne G. Marsh | J. Matthew Miller | Philip M. Mize
Batson Nolan PLC and our dedicated Clarksville personal injury lawyers are committed to providing the highest quality legal representation. We strive to achieve the best results possible for our clients throughout Tennessee and Kentucky in the area of personal injury and wrongful death law.
Personal Injury can Occur as a Result of the Negligence of Others.
It’s an unfortunate fact of life: accidents happen. However, many of them are preventable if the responsible party had exercised due care. Violations of traffic laws, reckless behavior, or the failure to maintain parking lots in inclement weather are just some examples of negligent actions that can cause injuries to another. If you or a loved one sustained serious injuries due to the irresponsible actions of another individual, you may be eligible for compensation.
Let us assist you in gathering important details to support your cases like police reports, photographs, witness statements, medical information, and more. Your attorney will be an advocate for you and will help to maximize your settlement or file and represent you in a suit if a settlement cannot be reached on your behalf. We handle personal injury cases on a contingency fee basis, this means you will not pay any legal fees unless we are successful in obtaining compensation for you. Our fees are then paid as an agreed-upon percentage of the award.
Contact us today and let one of our knowledgeable Clarksville personal injury attorneys analyze your potential claim. Our lawyers and trained staff will put years of experience to work for you. Get the maximum compensation that you deserve – Contact Batson Nolan PLC today for a strong Clarksville personal injury representation.
Our Clarksville Personal Injury Lawyers Handle a Wide Variety of Personal Injury Cases in Tennessee, Including:
Car Accidents
Trucking Accidents
It is vital to establish a fault at the earliest stage possible. This is because trucking companies are usually quick to point the finger at other drivers to shift the focus away from their negligent conduct. Some of the most common causes of truck-related accidents include excessive fatigue of the driver, a jam-packed delivery itinerary with unreasonable deadlines, improper loading procedures, poorly manufactured or faulty equipment, improperly maintained trucks, insufficient driver training, defective road conditions, and aggressive or unsafe driving by the truck driver.
Because of the sheer size and weight of large trucks, these types of accidents often result in catastrophic injuries and fatalities. Accidents involving trucks are typically more complicated compared to regular automobile collisions. So if you or a loved one is involved in a trucking accident, you should immediately seek the consultation of a knowledgeable and experienced personal injury lawyer who can provide the representation you need to get the compensation you deserve. That is exactly what you’ll find when you contact Batson Nolan.
Boating Accidents
Tennessee is a state known for its abundance of lakes and rivers, and boating is a longstanding favorite hobby of many Tennesseans. Unfortunately, boating accidents are an all-too-common occurrence that often results in property damage, serious injuries, and death. According to the Tennessee Wildlife Resources Agency (“TWRA”) 2017 Tennessee Boating Incident Report, the leading type of boating incident was a collision with a vessel. Alcohol and/or drug use was a primary cause in 9.1%of boating incidents in 2017. If you have been injured in a boating accident that wasn’t your fault contact a highly skilled Clarksville personal injury lawyer at Batson Nolan PLC.
Traumatic Brain Injury
Car, motorcycle, boating, and trucking accidents all have the potential to inflict serious injuries on the individuals involved – especially severe trauma to the head. The brain is undoubtedly the most complex organ in the human body, so much so that modern medical science still cannot fully explain how the brain works. Accordingly, when an individual suffers a traumatic brain injury (“TBI”), there are often serious and life-changing conditions that can require extensive surgery and medical treatment and can lead to significant, permanent impairments, such as loss of memory, speech, motor function, and even death. Because of the seriousness and significance, and often permanence, of traumatic brain injuries, victims are often able to make significant recoveries in subsequent civil suits. If you suspect you have suffered a brain-related injury as a result of your accident, it is important to contact a skilled personal injury lawyer who can assist you in getting the compensation you need to get your life back on track. The knowledgeable attorneys at Batson Nolan are familiar with the struggles TBI sufferers are up against and can help you with your case.
Motorcycle Accidents
According to data compiled by the National Highway Traffic Safety and Administration, there are more than four thousand fatal, motorcycle-related crashes every year. And while everyone involved in a motorcycle-related incident is at risk for injury, the same report also indicates that an overwhelming 98% of the fatalities associated with motorcycle crashes were the motorcycle rider.
The majority of motorcycle collisions also involve a separate vehicle. While human error is usually the main cause of the accident (typically the automobile driver’s failure to pay adequate attention when changing lanes) there is a multitude of alternative causes including alcohol and drugs, road conditions, excessive speed, and more. Regardless of the underlying cause, it is essential that you contact a skilled personal injury attorney as soon as possible after being involved in a motorcycle-related accident. Your legal team can assist you in building a personally-tailored and effective trial strategy to protect your legal rights and interests.
Dog Bites
Dog bites pose a frequent and serious health concern in today’s society and are the basis for a significant number of civil suits every year. According to the American Veterinary Medical Association and the Center for Disease Control, more than 4.5 million people are bitten by dogs each year, half of which are usually children, and 800,000 of which are serious enough to require medical attention. In 2017 dog bites accounted for one-third of all homeowners’ liability insurance claims, costing in excess of $700 million with an average payout in excess of $35,000. Get the legal support you need – schedule a consultation with one of the highly-skilled Clarksville personal injury lawyers at Batson Nolan PLC today.
Nursing Home Abuse
Nursing home abuse has and continues to be a growing problem in the United States, due in large part to the Baby Boomer generation and the ever-increasing percentage of the population that they make up. The 2010 census report found that roughly 13 percent of the population was older than 65 years old, a figure that is expected to rise as high as 20 percent by the year 2050.
Products Liability
Every day, people are injured by unreasonably dangerous products. Injured consumers can file a products liability claim for the following types of defects:
- Design defects – A design defect occurs when there is something inherently dangerous about a product. Examples of design defects include vehicles that are more likely to roll over and car seats that become detached during accidents.
- Manufacturing defects – A manufacturing defect is a defect that is only present with a limited batch of products, usually because of a problem on a production line or problem components. Manufacturing defects include hot water heaters that scald due to a defective thermostat and heating pads that cause burns due to problem wiring.
- Warning defects – These defects occur because consumers aren’t aware of the dangers of the product due to insufficient instructions or marketing materials, such as not properly warning consumers that products are flammable or that medicines may have bad side effects with others.
Maximize your compensation – Trust the Clarksville personal injury lawyers from Batson & Nolan PLC to evaluate your claim!
Premises Liability
Tennessee property owners are responsible for keeping their properties safe so that customers or other visitors are not injured. Generally speaking, property owners have a duty to regularly inspect their property to be sure that there are no dangerous conditions that might harm visitors. If a dangerous situation is discovered, the property owner has the obligation to either fix the problem or post a warning to people, alerting them to the danger – and fixing it as soon as possible thereafter. Furthermore, if an owner fails to discover a dangerous condition, this does not necessarily absolve him or her of their duty to keep visitors free from harm. The law states that if the owner knew or should have known about a dangerous condition, then they can be held liable.
For instance, if a supermarket failed to discover a spill for an extended period of time and someone hurt themselves by slipping on the spill, the court could find that routine maintenance of the property should have alerted the market to the spill in that amount of time. In other words, the employees should be monitoring the floors in a supermarket to be sure that they remain spill-free, and failure to do so is negligent. However, if the spill occurred only 2 minutes before someone slipped, it is not reasonable to expect the business to have known about it so quickly, even with reasonable maintenance.
If property owners’ carelessness causes a person’s injury, a seasoned Clarksville injury attorney at Batson Nolan PLC can help. We can investigate if the property owner was aware of a dangerous condition and failed to correct it, and a highly experienced Clarksville personal injury attorney can negotiate with the defendant or insurance company for a fair settlement.
Wrongful Death
Tennessee law allows surviving family members to bring forth a lawsuit against a negligent defendant who caused another’s death due to a “wrongful act, fault, or omission.”
Only certain family members can pursue a wrongful death lawsuit, starting with the people most closely related to the victim such as the decedent’s spouse, children, parents, or executor.
The surviving family may be able to receive compensation for damages such as:
- Medical expenses for treatment of the injuries that ultimately resulted in death
- Funeral and burial expenses
- Loss of earning capacity between the time of the accident and death
- Loss of enjoyment of life between the date of the injury and death
- Pain and suffering of the decedent
- Loss of consortium and companionship
If the death was caused by reckless or intentional behavior, the family may be able to recover punitive damages. These are special damages that are meant to punish the wrongdoer and prevent similar behavior in the future.
Federal Tort Claims Act Cases
Our Clarksville injury lawyers are well-versed in the ins and outs of the Federal Tort Claims Act (FTCA) process, the means by which private citizens can sue the United States government for most torts committed by persons acting on behalf of the United States. Whether the case concerns a simple car wreck involving a person driving on behalf of the government or a complex medical malpractice case involving treatment at a government facility such as a Veterans Affairs hospital or a military base hospital such as Blanchfield Army Community Hospital, our lawyers can guide clients through the unique FTCA process.
- Car Accidents
- Trucking Accidents
- Federal Tort Claims Act Cases
- Boating Accidents
- Traumatic Brain Injury
- Motorcycle Accidents
- Dog Bites
- Nursing Home Abuse
- Wrongful Death
- Products Liability
- Premises Liability
- Other Serious Injuries
Frequently Asked Questions (FAQs)
What should I avoid saying and doing after a car accident?
First of all, don’t say anything that might indicate that the accident was your fault – like “I should have used my turn signal.” By all means, don’t apologize, even just to be polite. Don’t post anything about your accident on social media between the accident and the time that you receive a verdict or settlement. In fact, it would be a good idea to refrain from using social media altogether. This is because insurance companies will scour any information they find there for evidence that the accident was your fault or that your injuries aren’t as serious as you are claiming.
What special laws regulate Tennessee truck drivers?
Truck drivers throughout the US are regulated by both federal and state regulations. These regulations govern a wide variety of actions, including how many hours of sleep time a trucker is expected to carve out of his schedule. The U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) regulate truckers at the federal level, and Tennessee has also enacted relevant regulations. Violation of a trucking regulation can provide the basis for a personal injury claim.
What is medical malpractice in Tennessee?
Medical malpractice occurs when a health care provider (not limited to a doctor) fails to meet the professional standard of care required of him and a patient suffers harm as a result. The standard of care for a health care provider varies according to the individual provider’s level of expertise – a cardiologist, for example, will be held to a higher standard of care than a general practitioner.
Who can be a defendant in a medical malpractice claim?
Any healthcare provider can become subject to a medical malpractice claim, including both an individual and an organization: a doctor, a hospital, a nurse, a nurse’s aide, a pharmacist, etc. An employer can be sued for malpractice committed by one of its employees. Please note that an undesirable medical outcome does not, in itself, prove that malpractice occurred.
What do I have to prove to win a personal injury case?
In general, you must prove the following four elements:
- The person who injured you owed you a duty of care;
- The person who injured you failed to meet his duty of care (by driving while intoxicated, for example, or by prescribing you the wrong medication);
- You suffered tangible harm; and
- The failure to meet the duty of care played a substantial role in causing the harm that you suffered.
Note that the person who injured you might not be the defendant. You might choose to sue the employer of the person who injured you, for example, if the accident that injured you happened while the offending employee was on duty.
I’m planning on settling this case out of court anyway, so why do I need a lawyer?
You can only settle out of court if the defendant or the insurance company agrees to do so. They will not agree to do so unless they believe there is a good chance that you could beat them in court, and hiring an experienced personal injury lawyer is one of the best ways to prove you could win in court. Moreover, your attorney can handle the settlement negotiations on your behalf.
The insurance company for the other side is calling me, should I speak to them?
You could – but you really, really should not. Why? Because they are absolutely not on your side, despite what they say in their advertisements. When the insurance adjusters call after an accident, it is really for one ultimate goal: to find a way to pay you the least amount possible for your injuries. After all, that is their job. They work for a company that must make money to stay in business, and the insurance company does not make money by paying out the full, true value of claims. They make far more money when their adjusters find ways to get people like you to settle for less money – and as quickly as possible.
These adjusters are trained well. They are trained in ways to get you to say things over the phone that will harm your case. For instance, during a casual discussion of the accident, if they can get you to say anything like, “oh, it was my fault, I should have been paying more attention,” then they have now just gotten evidence from your own mouth that the accident was your fault. And they will use this and anything else they can find to chip away at your recovery amount. So let your trusted Clarksville personal injury lawyer do the talking right from the start and preserve the integrity of your case.
Speak With Our Clarksville Personal Injury Lawyers Today!
Contact us today to speak with our injury attorneys and get expert advice on how our law firm can help bring you justice for your injury. We have a full-service injury law firm in Clarksville. Our company has been around for over 150 years and our Clarksville personal injury attorneys can provide legal help with any injury matter.
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