Brain Injury Lawyer in Nashville

A traumatic brain injury (TBI) can leave a lasting impact on every part of your life. After an accident, victims and their families may be faced with serious medical concerns and uncertainty about what the future will look like. When another party’s negligence causes a brain injury, an experienced Nashville brain injury lawyer can help you understand your legal options.

At Wettermark Keith, our attorneys recognize that the consequences of a brain injury can extend far beyond the initial medical bills. With over 50 years of combined experience, our team has the knowledge and resources to pursue these complex claims. Schedule a free case review with a Nashville personal injury lawyer today.

How Our Brain Injury Lawyers Serving Nashville Can Help

Brain injuries can result from many different types of accidents, and depending on the circumstances, more than one party may bear legal responsibility. Our attorneys will begin by determining what happened and identifying the parties whose conduct contributed to your injury. We’ll conduct a detailed investigation and work to establish how the incident occurred.

Brain injuries can be particularly challenging because symptoms are not always immediately apparent. Some victims initially appear physically unharmed while experiencing cognitive, emotional, or behavioral changes that become more noticeable later. A Nashville head injury attorney can document these effects to demonstrate the full extent of your losses.

We will examine how your injury has affected every aspect of your life. We can also handle communications with insurance companies and opposing parties while pursuing a resolution that reflects the seriousness of your injuries. If a fair settlement cannot be reached, our attorneys are prepared to take your case to trial.

Tennessee Time Limits for Brain Injury Claims

Tennessee law generally gives injured individuals one year from the date of an injury to file a personal injury lawsuit, per Tenn. Code Ann. § 28-3-104. This deadline, known as the statute of limitations, can have a significant impact on your ability to pursue compensation. If you allow the applicable deadline to expire, you may lose your right to bring a claim.

Under certain circumstances, exceptions to the standard filing deadline may apply and alter the amount of time you have to take legal action. Claims involving the government may be subject to additional requirements and shorter deadlines. Things also get more complicated when an injury is not immediately recognized or when an injured minor is involved.

Because filing requirements can vary based on the circumstances, waiting to determine your legal options can create unnecessary risk. An experienced Nashville traumatic brain injury attorney can identify the deadlines that apply to your situation, determine what notices may be required, and take appropriate steps to preserve your claim.

Proving Negligence in Brain Injury Claims

A successful brain injury claim generally requires evidence establishing that another party acted negligently and that their negligence caused your injury and resulting damages. The specific evidence needed depends on the circumstances of the accident.

Our legal team will work to build a comprehensive case by examining evidence such as:

• Accident reconstruction findings
• Medical records and diagnostic testing
• Eyewitness accounts
• Surveillance or video footage
• Safety procedures and applicable regulations
• Vehicle or equipment records
• Expert medical opinions
• Evidence concerning your ability to work and earn income

Insurance companies may question whether an accident caused a brain injury, argue that symptoms resulted from a preexisting condition, or attempt to minimize the severity of cognitive or emotional changes. Our attorneys will anticipate these arguments and work to develop evidence addressing them.

Tennessee also follows a modified comparative negligence system. In personal injury cases, a victim’s recovery may be reduced according to their percentage of fault. However, a plaintiff who is found to be 50% or more at fault generally cannot recover damages.

Insurance companies may attempt to place an unfair share of responsibility on an injured person to reduce or eliminate a potential payout. A Nashville TBI attorney from Wettermark Keith will deal with the insurance company after an accident and challenge efforts to shift blame away from the party responsible for your injuries.

Compensation Available in Nashville Brain Injury Cases

The potential value of a brain injury claim depends on many factors, and every case is unique. Factors may include the severity and permanence of the injury, anticipated medical treatment, effects on employment, and the victim’s need for ongoing assistance or rehabilitation.

Depending on the facts of the case, compensatory damages may address both financial losses and the physical and emotional consequences of the injury. Potential damages can include:

• Medical bills
• Future medical expenses
• Lost wages
• Reduced earning capacity
• Permanent disability
• Pain and suffering
• Emotional distress
• Cognitive impairment
• Loss of independence
• Loss of enjoyment of life

When assessing the value of your claim, a Nashville TBI lawyer from our firm may consult medical, vocational, life-care planning, or economic professionals when appropriate. Their input can help establish the long-term effects of an injury and the costs associated with future care.

Punitive Damages

In certain cases involving gross negligence or intentional harm, punitive damages may be available. Punitive damages differ from compensatory damages in that they are not meant to replace the losses incurred by an injury victim. Instead, these damages are intended to punish wrongful conduct and deter similar behavior. 

Punitive damages are not available in every personal injury case, and whether they may apply depends on the specific facts and applicable Tennessee law.

Speak With a Brain Injury Attorney in Nashville Today

If you sustained a traumatic brain injury because of another party’s negligence, Wettermark Keith can help you explore your legal options. With more than $1.5 billion recovered for clients, our attorneys have the experience and resources to investigate what happened, identify those responsible, and pursue the compensation you may be entitled to receive.

A brain injury can have consequences that extend well beyond the initial accident. Contact us today for a free case evaluation with a Nashville traumatic brain injury lawyer. We will listen to your concerns, explain the legal process, and discuss potential steps for seeking compensation and protecting your future.