F.A.Q.

This page was created to answer questions that are frequently asked of Tennessee Worker's Compensation Lawyers like Nashville Area's Kevin Moore. If your questions are not answered here or you need more information please call us or send them through our Contact Form.

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• How much do you charge for a personal injury case?

  Kevin charges on a contingency fee basis, meaning that you will not pay us anything unless there is a settlement or a winning verdict at trial. Typically, when we win your case, our fee is one-third or 33.3% of the total recovery, in addition to "case costs." For some complex types of cases, we charge 40%.

• If you take my case, what will I have to do?

  If you hire Kevin to be your lawyer, you will be a significant part of your case team. We will ask you to help us gather the information that we will use to support your case.
  
  Just as we will keep you informed about your case, you will need to keep us informed about your medical treatment and your physical limitations. After we file the lawsuit, you will have to answer written questions called interrogatories and sit for a question-and-answer period with the opposing lawyer called a "deposition." Of course, we'll prepare you first, find a time that is convenient for you, and sit next to you during the deposition. You may have to be evaluated by other doctors. If your case does not settle, you will have to be present for the trial.

• How soon after I am injured do I have to file a lawsuit?

  Every state has certain time limits, called "statutes of limitations," which govern the amount of time you have to file a personal injury lawsuit. In Tennessee you have at most one year to file a lawsuit. If you miss the deadline for filing your case, you may lose your legal right to damages for your injury. When the "clock starts" on your one year can vary. Give Kevin a call about your particular case.

• What is "negligence?"

  The critical issue in many personal injury cases is just how a "reasonable person" was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act like an "ordinary reasonable person" would have acted. The determination of whether a given person has met the "ordinary reasonable person" standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.

• What does the term "liable" mean?

  The term liable generally means that a court has determined individual, company or some other entity caused, and is responsible for, another person's injury. When a defendant is found liable, he or she is generally obligated to compensate the injured party for their damages. The term "liable" is often confused with "guilty." However the term "liable" is used in civil cases and the term "guilty" is only is used in criminal cases.

• What is contributory negligence?

  The term "contributory negligence" is a term used to describe the actions of an injured person that may have also caused or contributed to his injury. For example, if you were hit by a bike while crossing the street, but you jumped into the street without looking first then your carelessness will be taken into consideration and any money that you receive may be discounted because of your own carelessness. If you are found to have contributed to your own injury, the rules in some states will prevent you from collecting any money. Many states have done away with the concept of contributory negligence altogether and instead use the concept of "comparative negligence." Comparative negligence looks to the degree of fault of each party in determining whether an award is justified in the case and what amount the award will be.

• What is strict liability?

  Some persons or companies may be held "strictly liable" for certain activities or products that harm others, even if it can't be shown they acted negligently or with intent. This theory is important because it protects the community from dangerous products or activities and provides relief for injuries. Strict liability is applied to two different situations which the public should be made aware. These are strict products liability and liability for people engaged in "ultra hazardous activities."

• When determining the amount of a personal injury settlement or verdict, what factors will be considered?

  The following factors will be considered when determining the amount of compensation owed for your injuries: the severity of your injuries; the details of your accident; the degree of fault; your employment history; your ability to work; and your life expectancy. The manner in which you obtain medical treatment, your lifestyle, and your litigation history will also be considered.

• What is MMI?

  When you've concluded your treatment of an injury with a doctor, we request a final narrative. At this time, the physician has determined that the patient has reached MMI, or maximum medical improvement. This means that the patient has reached a point where they are as healthy as they can be; they may not be in the condition that they were prior to the accident, but their health has stabilized. If that is the case, a doctor may assign the patient a permanent impairment rating according to American Medical Association guidelines. Although it is not necessary to have available during courtroom proceedings, car insurance companies may want access to the permanent impairment rating as part of their case evaluation.

• Do I need an attorney or should I try to handle my claim on my own?

  Tort Law is complex and if an error is made by someone representing themselves the final judgment is indeed final - there are no "do-overs". This means that a tort lawsuit must be done completely and correctly the first time! An attorney can often obtain more money for your claim than you can obtain on your own. It is the goal of every insurance adjuster to minimize claims payouts to increase the profits of the company. Adjusters are often rewarded by their employers for resolving claims quickly for a minimal sum or no compensation at all to the injured claimant. Therefore, the goal and purpose of an insurance company is in direct conflict with your best interests. Kevin's job is to obtain the maximum amount of compensation for your injuries. His sole job is to work on your behalf and fight the insurance company, in court if necessary, to obtain the best possible outcome for you.

Kevin A. Moore, Attorney At Law


Kevin A. Moore is an Nashville based Tennessee area Personal Injury law firm which provides Personal Injury , & Social Security Disability law services statewide. From his main offices in Nashville, Kevin also serves Personal Injury and Social Security Disability clients in the adjoining Tennessee counties of Rutherford Maury, Williamson, Dickson, Cheatham & Sumner.

Personal Injury law, as practiced by Kevin A. Moore, addresses all of a client's concerns when aggressively pursuing justice for his clients. This site explains how Kevin's firm handles injury cases and often explains the complexity of Tennessee's Personal Injury, Workers' Compensation, and Social Security Disability laws in layman's terms.

As a premiere Nashville, Tennessee injury lawyer, Kevin Moore not only provides the legal advice and counsel expected of an experienced Personal injury and Workers compensation attorney, his firm also collaborates with other professionals and para-professionals to provide his clients with all of the resources needed to successfully resolve their cases.