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Located just half an hour from the state capital of Nashville, Robertson County is home to about 70,000 Tennessee residents. The county comprises a mixture of rural and suburban areas, including some of the state’s most scenic countryside. Residents annually host traditional Tennessee events such as the “Turning of the Pig” in Greenbrier and “Trash and Treasures” in Cross Plains. Fans of the Bell Witch legend often come to Adams to explore the vibrant history of Robertson County. Despite its lush terrain and popular attractions, like any other place, this county can be the site of serious accidents. People who are hurt due to car wrecks, truck wrecks, motorcycle wrecks, or medical malpractice in Springfield or the surrounding areas should consult a seasoned Robertson County personal injury attorney. Matt Hardin has accumulated many years of experience in representing clients who have been hurt by the negligence of others. He can assist you in filing a personal injury, wrongful death, or medical malpractice lawsuit.
If you were hurt in an accident, you may have the right to hold the person who harmed you responsible for their actions. In many negligence cases the defendant is simply an individual who acted carelessly, but in other cases you also can file a personal injury claim against the defendant’s employer as well under a theory of vicarious liability. Specifically, if the defendant was acting within the scope and course of his or her employment at the time of the accident, the employer can be held responsible for the employee’s reckless actions.
Most personal injury actions are based on a negligence claim, which requires the victim to prove four things. First, the victim must show that the defendant owed the victim a duty of care. This is virtually always true in car accident cases, for example, because all Tennessee drivers have a duty to operate their vehicles carefully and safely so that other drivers and pedestrians are not endangered.
The next step in a negligence claim asks the victim to prove that the defendant breached this duty of care. For example, a driver might have run a red light or engaged in texting while driving, or a nursing home facility may fail to provide adequate nutrition to its residents. These poor decisions show a level of negligence that likely breaches a duty of care.
Once a victim establishes duty and breach, the next step requires the victim to show that the defendant’s negligence caused the injuries at issue. This can straightforward in some cases, but other times the victim still would have been injured even if the defendant had acted with reasonable care. Victims in that position cannot get compensation for their injuries.
On the other hand, you should know that you can still recover compensation even if you were partly at fault for your injuries. Tennessee uses a system of modified comparative fault in personal injury cases, which means that you can recover an amount proportionate to the defendant’s fault. For example, if you were 40 percent responsible for causing your own injuries, you can get damages for the remaining 60 percent from the defendant. If you were more than 50 percent at fault, however, you cannot recover any damages at all.
Finally, accident victims must prove that they incurred damages as a result of the breach of duty described above. Damages in personal injury cases can extend to lost wages, medical expenses, pain and suffering, and property damages. In order to seek compensation for these amounts, you should be aware that you must file a claim within four years of the accident that caused your injuries, or a Tennessee court may rule that you have waived your right to compensation.
If a family member died because of someone else’s wrongdoing, you can potentially file a wrongful death action on their behalf. This type of claim allows you to recover medical expenses, funeral expenses, lost earning capacity, and sometimes damages for mental anguish, depending on the circumstances. You must file a wrongful death action within two years of the accident that took your loved one away from you.
Recovering from an accident can place a heavy emotional and financial burden on an injured person. But the financial burden can be lightened by holding the wrongdoer responsible for their actions. If you have been hurt in a vehicle collision, by a slip and fall, or due to medical malpractice near Ridgetop or other areas of Robertson County, you should contact knowledgeable personal injury lawyer Matt Hardin to discuss the details of your situation. You can set up a free initial consultation with us by calling 615-200-1111, or by taking a moment to complete our online form.