Nashville Tennessee Personal Injury
Negligence

You Deserve Superior Personal Injury Representation!

A ttorneys at the Kevin Moore Personal Injury Law Firm help victims of Tennessee injuries receive just compensation for their losses. We're not just another law firm. We're not just any lawyers. We are highly experienced personal injury attorneys - that is what we do. We serve clients throughout Tennessee from our office Nashville.

If your injury is serious enough and your case is important enough to you then contact a lawyer. It is critical that you do the research to find a reputable, capable attorney. We believe our success in recovering large awards and settlements speaks for itself about the quality of our representation, quality that we refer to as the "Advantage of Experience."

This Website discusses our PI legal practice and our credentials, and it provides some general information on Nashville Tennessee Personal Injury Law. Every case is unique and deserves to be evaluated on its own merits. Please contact us for a free consultation before making a decision about representation. You will speak with Kevin Moore directly not a staff member.

Our Firm welcomes the challenges offered by difficult cases involving serious injuries and complex issues. We know how to fight opposing lawyers and the insurance companies and win. If you have been injured in an accident due to the negligence of any other party, do not hesitate to call and talk to us. You should know that we often collect damages well beyond what the insurance companies offer. You deserve to know your valuable Legal Rights.

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You Need An Attorney Who Specializes In Personal Injury (PI) Law

What you don't need is a lawyer who "also" practices PI cases. More and more, laws are being written that are only fully understood by those few lawyers who are highly competent in specific areas. Finding the "right lawyer", means a lawyer with substantial personal injury (PI, Workers Comp & SSD) knowledge and experience, is what you want when you need competent help. Lawyers should be selected for their expertise and experience in specific specialties of law. The "right lawyer" for your Personal Injury case is the person who has substantial experience handling a case very similar to yours, who can and will take action at once.

Kevin Moore and his Nashville Tennessee Personal Injury law firm is who you want and what you need!

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Proving Negligence is Key to Winning a Personal Injury Lawsuit

Negligence is a legal concept in the common law legal systems mostly applied in tort cases to achieve monetary compensation (damages) for physical and mental injuries (not accidents). Negligence is a type of tort or civil wrong.

Negligence is carelessness that causes personal injury to someone else. It can be an action, like carelessly knocking a brick off a rooftop, or a failure to act, like a landlord who doesn't repair a broken stair. Negligence often forms the basis for personal injury lawsuits. "Negligence" is not the same as "carelessness", because someone might be exercising as much care as they are capable of, yet still fall below the level of competence expected of them. They could also be aware of the issues, yet choose to put the issue aside because they underestimated the importance. It is the opposite of "diligence". It can be generally defined as conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from foreseeable risks of harm

Negligence is the Failure to Use Reasonable Care Under the Circumstances

The tort of negligence amounts to the failure to use reasonable care under the circumstances. To support a legal claim for negligence, the plaintiff (the person filing the lawsuit) must show four things. Each element must be proven. If the plaintiff proves only three of the four elements, the plaintiff has not succeeded in making out his claim.

1. Duty of Care - the obligation to use reasonable care to avoid injuring the plaintiff - .
2. Breach of duty - the failure to use reasonable care.
3. Proximate cause - legal responsibility for bringing something about.
4. Damage: Harm - actual loss or damage that results from the failure to use reasonable care.

Duty of Care: The plaintiff must show that the defendant had a duty of care toward the plaintiff. A person has a duty to avoid causing injury to another if a reasonable person in the same situation could foresee that an action (or failure to act) might cause injury. Essentially, if the average reasonable person could foresee that injury may occur as the result of certain actions or situations, he has a duty of care to avoid those actions or situations. How much care would a reasonable person have to take? In each case, the circumstances surrounding the injury play an important role in determining whether or not a defendant had a duty of care towards the plaintiff.

Breach of Duty: The plaintiff must show that the defendants failed to carry out their duty of care. For example, a normal person could foresee that a van full of explosives might blow up, so a person who parks such a van in a crowded mall parking lot has breached the duty of care to the other people in the mall. If the van explodes, the driver will be guilty of negligence. A person could also foresee that a car that isn't repaired properly might malfunction, so if the brakes on a poorly maintained car fail and the car hits a child, the owner of the car has breached the duty of care to that child. Every car owner has a duty to maintain the car in a safe condition. On the other hand, if the owner regularly maintains and repairs the car and the brakes failed because the brakes were faulty or the mechanic made a mistake, the owner did not breach a duty of care, though the brake manufacturer or the mechanic might be responsible.

Proximate Cause: The plaintiff must show that the defendant's breach of duty caused the injury for which the plaintiff is suing. Sometimes causation is clear. For instance, if a reasonable person can foresee that a particular action may injure someone, the person contemplating the action has a duty of care to avoid such actions. If you run a red light and hit a pedestrian, you clearly caused the injury. There may be questions about what injury was caused by an accident. People often have more than one accident in their lives, so if someone has had two prior back injuries, what injury to the back was caused by the most recent fall down a flight of stairs?

Damages: Damages in a negligence lawsuit try to put the plaintiff in the same position he or she would be in if the accident hadn't happened. A plaintiff must show the monetary value of his or her injuries. For example, if a person is disabled and can no longer work, a calculation of damages would consider the occupation of the plaintiff and the amount he or she would have earned during the time left in a normal working career. Damages would also include medical costs and estimated costs for medical care, special accommodations, and assisted living.

In some situations defendants are liable for negligence because of the operation of law, and not because they directly caused an injury. For example, since an employer is held responsible for injuries caused by employees during work, A company may be liable if a its driver has an accident while making deliveries.

Compensation: Compensation for Negligence Means Recovering Money for Economic and Non-Economic Losses A plaintiff with a negligence claim may recover compensatory damages-money intended to compensate for the actual losses suffered. Compensatory damages cover economic losses such as present and future medical expenses and costs of property repair. Plaintiffs may also recover for non-economic losses such as pain and suffering. Punitive damages, awarded over and above compensatory damages and intended to punish the wrongdoer, are not available for simple negligence.

Personal Injury Compensation for Intentional Harm

Intentional torts include such wrongs as battery, assault and false imprisonment. The intentional torts all have various elements, but they share the common element of intent. In a negligence case, the defendant has failed to conform to a particular level of reasonable care, thereby creating an unreasonable risk of harm. In an intentional tort case, the defendant either wanted to harm the plaintiff, or knew there was a substantial certainty that his or her act would harm the plaintiff.

Compensation for Intentional Torts Includes Compensatory and Punitive Damages

The plaintiff in an intentional tort case may recover compensatory damages for his or her losses. Additionally, because the defendant often acts with malice in committing an intentional tort, punitive damages are usually available. Many intentional torts are also crimes for which the government may prosecute the perpetrator

Strict Liability is Liability Without Fault for Engaging in Inherently Dangerous Activities

Strict liability applies when a person is engaged in an inherently dangerous activity, such as using explosives or keeping vicious animals. A person who engages in such activities is subject to liability for any harm that results even if the person took great care to prevent harm from occurring. The plaintiff need not prove the defendant acted unreasonably or with the desire to harm her.

Strict Product Liability Applies to Defective Products

Strict liability may also apply in the case of defective products. The rationale behind strict product liability is that anyone who places a defective product into the stream of commerce - from designers to manufacturers of component parts to retailers and anyone in between - can be held liable if the product injures someone

Compensation for Strict Liability

In a strict liability lawsuit, including a product liability lawsuit, a plaintiff may recover compensatory damages for actual harm caused by the defendant's dangerous activity. Additionally, punitive damages may be possible if the plaintiff can show the defendant acted with malice in allowing the injury to occur.

A plaintiff who believes he or she has a personal injury claim should contact a personal injury attorney immediately. Most jurisdictions place time limits on bringing a personal injury lawsuit.

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You Need An Attorney Who Knows Tennessee Personal Injury Law and How to Prove Negligence

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Do Not Sign Any Insurance Release Claim Without a Legal Review

If you have already signed a release, all is not lost!  We can and have successfully handled cases and had such releases nullified when it has been in our clients' interests. Release forms are not written to protect you - they are written to protect the insurance company and, when their clients are at fault, they are written to protect them. Call us and let us review your case and any release form before you sign it. Kevin offers free consultations to look over the facts of your case!

Your Insurance Agent Does Not Really Work For You!

You may be good friends with your insurance agent, we are with ours, but unlike attorneys who do have legal (fiduciary) responsibilities to their clients, most insurance agents are employees of their respective companies and they keep their employers' interests in mind for all cases. We do believe that the vast majority of insurance agents act with integrity but in Personal Injury circumstances you really do want your legal advocate to protect all of your interests.

Claims Are Not Limited To Insurance Coverage

Even though the party that injured you may have insurance there are many cases where the injuries and long term impacts go beyond their insurance coverage. There may also be second and third parties involved who share the legal and financial responsibilities. As your advocate Kevin investigates all avenues in getting you as much compensation for your personal injury as possible. Kevin has the knowledge and the resources to get you the compensation that you deserve.

Reasonable Expectations: 

If your accident resulted from the negligence of another party, you should rightfully expect quality care, covering all of your injury related expenses, compensation for property loss or damage, and possibly entitled to compensation including monetary damages for pain and suffering, lost wages, loss of enjoyment of life and loss of earning capacity. These are reasonable expectations but all too often you end up having to fight individuals & insurance companies for your rightful compensation! You don't have to settle for what the Insurance Company proposes.

You may need a fighter by your side!

You may need a fighter by your side! Just when you are at your weakest you may have to fight! Insurance companies are notorious for denying claims, stalling appeals, and denying rightful or quality care and services. The insurance company's goal is to save money - not to assure you your rightful care and compensation. There are thousands and thousands of cases where, with the right lawyer representing PI cases, that the insurance companies have their denials of services and claims denied by a Judge. The injured parties can win if they have the right attorney taking on the fight for them - not a firm that is distracted by other practices and is willing to settle for less!

At the Nashville Tennessee Personal Injury Law Firm of Kevin A. Moore, you can be assured that our Personal Injury legal team will listen to you with compassion and understanding. Attorney Kevin More is well qualified to have your medical records evaluated, communicate with your doctors and therapists and encourage you to follow the prescribed recommended therapies to make sure that you are getting everything you are entitled to under Tennessee PI law. If you are not getting what you are entitled to, Kevin is ready to fight the insurance companies for you at Mediations and, if necessary, at trial. With Kevin Moore as your attorney, you will have the best Nashville Tennessee PI lawyer in the State representing you!

Kevin Moore's Experience: 

Kevin Moore has been aggressively practicing law and guiding and protecting his clients' interests since 1992. Kevin and his Firm have handled over 4,500 Personal Injury cases and a significant number of cases involving PI accidents. No Nashville Tennessee attorney will do a better job in seeing that you get justice and compensation for your loss and injuries. Call us or contact us now. Our consultations are always free and you never pay a fee unless we win your case. In Nashville or State Wide the Nashville Tennessee PI Law Firm of Kevin A. Moore will be on your side and by your side.

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We Are Here To Serve You, Not Ourselves

Our main marketing tool is taking care of the clients we have. We know that when we do a good job for you that the word will go out and our business will grow. Our culture revolves around client services. Our primary focus is to do excellent work for each and every client; to go all out and win the case. Building solid relationships with our clients and producing great results will translate into referrals helping our business grow.

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