Nashville Tennessee Personal Injury
Proving Fault

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.

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!

Nashville & Tennessee Proving Fault

Personal injury claims arising from most accidents and injuries involve proving that a person or company was legally negligent for the harm that was caused. Determining legal responsibility for an accident or injury (often called "liability") can be complicated, but often rests on whether someone was careless or "negligent."

If someone acts in a careless manner and causes an injury to another person, under the legal principle of "negligence" the careless person can be held legally liable for that injury. This is the most common basis for determining fault in personal injury cases, from informal settlements to trials in court.

In negligence claims, the injured party (the plaintiff) attempts to show that the person allegedly at fault (the defendant):

• Under the circumstances, owed a legal duty of care to the plaintiff and
• Breached that duty through conduct, action, or inaction and
• Caused an accident or injury that involved the plaintiff and
• As a result, the plaintiff was harmed or injured

What you should notice in the above list is that the plaintiff must prove all of the claims. If any of them cannot be proven then the courts will not find the defendant negligent.

Determining Legal Liability

Most injuries caused from accidents occur because of the carelessness of another person. The basic rule most attorneys follow is "if one person in an accident was less careful than another, the less careful one is responsible for paying for at least a portion of the damages suffered by the more careful one. "

Legal responsibility is determined by this rule of carelessness, as well as one or more of the following simple circumstances:

• If the injured person was where he or she was not supposed to be, or somewhere he or she should have expected the kind of activity which caused the accident, the person who caused the accident might not be liable because that person had no "duty" to be careful toward the injured person.
• If the person injured was also careless or reckless, their financial compensation may be reduced by the extent that they were also responsible for the accident. This is known as comparative negligence
• If a negligent person causes an accident while working for someone else, the employer may also be legally responsible for the accident.
• If the accident is caused on a dangerous, poorly built or maintained property, the owner of the property is liable for being careless in maintaining the property, regardless of whether he or she actually created the dangerous condition.
• If an accident is caused by a defective product, the manufacturer and seller of the product are both liable even if the injured person doesn't know which one was careless in creating or allowing the defect, or exactly how the defect happened.

When More Than One Person Is at Fault

When there is more than one person responsible for an accident -- for example, if several careless drivers cause a wreck -- the law in most states provides that any one of the careless parties is responsible for compensating you fully for your injuries. The responsible parties must then decide between themselves whether one should reimburse the others.

This rule about collecting from any responsible person provides you with a couple of important advantages. If one liable person is insured and the other is not, you can make your claim against the insured person for the full amount. And even if both are insured, you will have to settle your claim with only one insurance company. Initially, consider everyone you think might be responsible and notify each of them that you may file a claim for damages. Then, depending on what you discover about how the accident happened, or on which insurance company takes responsibility, you will pursue a claim against only one.

How Your Own Carelessness Affects Your Claim

Even if you were careless and partly caused an accident, in Tennessee you can still get at least some compensation from anyone else who was also careless and partly responsible for the accident. The amount of the other person's liability for the accident is determined by comparing his or her carelessness with your own. The percentage of liability determines the percentage of the resulting damages he or she must pay. This rule is referred to as comparative negligence.

There is no formula for arriving at a precise number for a person's comparative carelessness. During claim negotiations, you, hopefully with your attorney's guidance, and an insurance adjuster will discuss all the factors that might have resulted in the accident. Then the question of your own carelessness goes into the negotiating basket along with all the other factors that determine how much your claim is worth -- such as the seriousness of your injury and the amount of your medical bills.

State Restrictions on Recovering Compensation If You Were Careless

Tennessee law allows recovery as long as the injured party is no more hat 50% at fault. This is called "contributory negligence."

Tips for Collecting Evidence to Prove Fault in a Car Crash

• As a first step, if you or any of your co-passengers is in a healthy and alert condition following a car accident, it is advisable to stay at the scene of accident until the police arrive.
• Obtain the driving license number and vehicle number from the other party that is responsible for the collision.
• If there are eye witnesses to the accident, request them to wait until the police arrive, or at least obtain their contact details for later reference.
• Use your mobile phone camera to take pictures of the scene of accident. Furthermore, note down the exact position of the two vehicles, the surrounding circumstances and any detail pertaining to the accident that you might not remember later.
• Explain the exact facts of the accident coherently to the police. Obtain a copy of their information report.
• Do not admit fault or discuss the accident with anyone (especially insurance companies) until you have retained a highly qualified Personal Injury Lawyer!

You Need An Attorney Who Knows Tennessee Personal Injury Cases related to Proving Fault

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 amputations 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 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.

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.