David Randolph Smith
David Randolph Smith Edmund J. Schmidt III
Phone:(615) 742-1775
Toll-Free:(800) 394-2119
Fax: (615) 742-1223

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Nashville Medical Malpractice Law Firm |Tennesse Personal Injury Law Firm |Nashville Wrongful Death Attorneys

Nashville's Top 101 Lawyers

Tennessee's Best 150 Lawyers 2010

** Photograph, Grady County Courthouse (Jury Box), Cairo, Georgia. 1976. By Jim Dow (used with permission of Mr. Dow)

Who we are

Founding partner, David Randolph Smith is listed in: Best Lawyers in America; Top 100 Tennessee Super Lawyers; Top 100 Trial Lawyers: and Business Tennessee's Top 150 Attorneys. Mr. Smith is certified as a civil trial and medical malpractice specialist by the Tennessee Commission on Continuing Legal Education. Mr. Smith graduated from Harvard in 1975 and from the University of Texas Law School in 1978. He was a Professor of Law at Vanderbilt University School of Law and taught torts, evidence and professional responsibility from 1983-1988.

Dominick R. Smith graduated from the University of North Carolina at Chapel Hill in 2004 and then worked in the New York City law office of Morrison & Foerster as a litigation legal assistant. He received his J.D. from Charleston School of Law in December 2009 and joined his father in the firm's practice in April 2010.

Outstanding reputation

Where Are We Located in Nashville?

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What we do

The Nashville personal injury law firm specializes in Civil Litigation, Medical Malpractice, Serious Personal Injury, Products Liability, Wrongful Death, Automobile and Tractor-Trailer Collisions and Civil Rights & Constitutional Cases.

Passionate, principled advocacy

David Randolph Smith has played a key role in many of the most important personal injury and wrongful death cases decided by the Tennessee Supreme Court. These cases have included: Jordan v. Baptist Three Rivers Hospital, changing over 100 years of wrongful death law by recognizing the right to recover damages for the loss of the deceased's love, affection, companionship and consortium; Barkes v. River Park Hospital, establishing the duty of a hospital to patients in medical malpractice cases; and Ashe v. Radiation Oncology Associates, establishing the rules for causation in informed consent cases.

In other cases, we assisted our clients in obtaining legislative changes that led to the protection of all consumers and patients. An example: David Randolph Smith served as lead counsel in the NHC Nursing Home Fire Litigation -- a tragic fire at an NHC nursing home, formerly on Patterson Street in Nashville, Tennessee that killed 16 residents: one burned to death in the fire, six died of smoke inhalation the night of the fire, and nine more died in the ensuing weeks. The nursing home, owned by NHC of Murfeesboro, did not have a sprinkler system as none was required at the time. As a result of the fire, Tennesseee enacted legislation requiring sprinklers in all nursing facilities and was the first state to do so. The federal government enacted a law requiring nursing homes without sprinklers to have smoke detectors in every room. Thirty-two lawsuits were filed as a result of the fire and NHC settled all thirty-two suits privately within three years.

Remarkable recoveries

We have obtained judgments and settlements in excess of $200 million dollars in personal injury suits. Representative Settlements & Verdicts (link)


We are committed to practicing law with civility and respect towards our clients, opposing counsel and the judges before whom we practice. Here is a video that captures what civility really means.

The resources to hold the powerful accountable

We are a trial litigation firm that represents only plaintiffs. In addition to our attorneys, we are staffed with top-notch paralegals and retain registered nurses, physician experts, scientific analysts, investigators and litigation support specialists. We have the ability to advance the costs in our clients' cases and, unlike many personal injury firms, we have never charged our clients interest on case expenses and do not use litigation finance companies. This can make a very big difference in the bottom line recovery for the client.

It's not about a case - it's about your case.

We understand this sentiment. Our Nashville law firm was built on the belief that as attorneys, we fight for a cause - your cause. That is what guides and motivates us...whether your case is the result of an Auto Accident, Catastrophic Injury, Medical Malpractice, Wrongful Death, a Violation of Civil or Constitutional Rights, a Defective Products claim, the negligence of others, or another legal matter that requires solid courtroom experience. If we take your case, we will not quit until we reach the best possible verdict or settlement for you.

It's not about doing a job - it's about being exceptional.

When you turn on the TV today or browse lawyer websites, you will see dozens of personal injury lawyers wanting to handle your case. The message is familiar -the attorneys will work hard and will aggressively pursue your case, with "no fee unless we get money for you". It's difficult to evaluate a law firm based on a television commercial or even a website. Adding to the complexity is that approximately 16,000 attorneys practice law in Tennessee. With the sheer number of attorneys, how do you pick the right one?

While many of these attorneys and law firms may be good, there are just a handful of board-certifed attorneys (15 medical malpractice specialists in the entire state). Very few law firms regularly try jury cases. Many very "prominent" personal injury firms do not write their own briefs and "farm out" legal research and appeals. Even fewer firms have won landmark decisions or taught personal injury law (torts) as a law professor. We have been fortunate to have been recognized by our peers on "best lawyers" surveys and lists and have engaged in tireless efforts to support positive changes in the law with numerous important landmark tort cases won in the Tennessee and Kentucky Supreme Courts. That's who we are.

Mission Statement:

Our law firm's motto is simple: The law demands the best

Dedicated and Experienced Trial Lawyers

The Law Offices of David Randolph & Associates serve injured people involved in various types of accidents and injuries throughout Tennessee and nationally (through pro hac vice admission and association with local attorneys). We are known as top personal injury, car accident attorneys, medical malractice, products liability and automobile tractor-trailer collision lawyers in Nashville and Tennessee. We have years of experience litigating accident and injury cases. We are selective in cases we handle, allowing us to personally devote the necessary time to build a solid case. We prepare to litigate each case to verdict in order to obtain the maximum amount of damages recoverable. Our firm has a reputation for excellence and aggressive representation against major insurance companies, irresponsible parties, hospitals and docrtors, and defense firms.

No Legal Fees Unless We Recover & No Finance Charges

If we accept your case, there is NO charge until we recover on your case. We work on a contingency basis, regardless of the client's ability to pay. If we do not recover any money for you, you do not owe us any legal fees. Unlike most Plaintiff personal injury law firms, we do not use litigation funding comapnies to finance cases and do not charge our clients interest on funds advanced to finance the cases. This can make a very big difference in the bottom line recovery for the client.

We Will Fight For You

We deal exclusively with clients whose lives have been seriously affected by the negligence of others. The victim of medical malpractice, automobile accident, truck accident, wrongful death, prisoner abuse, food poisoning, product defect or product liability, as well as other injury related accidents, is our focus. We do everything legally and ethically possible for our cleints to win and make sure a full and complete compensation for the client's injuries are obtained, including recovery for medical bills, lost wages and future income, pain and suffering, and emotional distress.

Free Consultation: Call (800) 394-2119

You may contact us at any time for a free consultation, with no obligations. You will speak directly to an experienced attorney. Please call us now, so we can begin helping you. Thank you for choosing the Law Offices of David Randolph Smith & Associates

Do I Have A Case? click here for a free case evaluation

Since 1993 the firm has built its practice primarily on word-of-mouth among our clients and the trusted referrals from our colleagues in the legal profession. We are grateful to our clients and fellow lawyers for their confidence in our firm, and for allowing us to build our practice into one of the the respected and premier litigation law firms in Tennessee.

What Should You Do?

Call the premier Tennessee law firm of David Randolph Smith & Associates at
(615) 742-1775 or toll-free at (800) 394-2119
1913 21st Ave South
Nashville, Tennessee

for experienced legal advice from a board-certified medical malpractice lawyer and Nashville personal injury lawyer. If you are seeking a Nashville Personal Injury Lawyer; a Nashville Product Liability Attorney; Medical Malpractice Lawyer; Tennessee Medical Malpractice Lawyer; Accident Law Firm; Tennessee Medical Malpractice Attorneys; Tennessee Product Liability Lawyer or a Board-Certified Specialist in Medical Malpractice and Civil Litigation, we would welcome the opportunity to discuss your case confidentially and free of charge. We will travel to meet you (e.g Knoxville, Memphis, Chattanooga).

What to do when you've been injured?

Most people have absolutely no experience with being in an accident or having suffered the death of a loved one as a result of negligence or a defective product. Personal injury claims, lawsuits, accidents, and wrecks are clearly not something that people have any experinece with.

Seek medical help. The most important thing that you can do is to care for your own health, rather than worrying about a personal injury lawsuit. Go to the emergency room or your normal doctor and get the help that is needed. Once that is done, you can move on to some of the following steps.

Hire a board-certified personal injury lawyer. Clients often come to us a significant amount of time after the accident. If you wait too long to hire a personal injury lawyer, the evidence in your case may disappear, witnesses will be hard to find, and memories will have faded. It is essential to hire a qualified /certified civil trial specialist lawyer as soon as possible after the accident so the vehicles involved can be preserved, witnesses interviewed, and photographs of the vehicles and scene taken. It is important to know that the insurance company is not on your side. The United States insurance industry is enormously profitable, and they do that by taking in lots of premiums and not paying injured people. Do not fall into this trap. Hiring a personal injury lawyer immediately will allow someone to be on your side and to insure that your injuries are justly compensated.

Journal your injuries. Keeping track of your injuries and your day-to-day suffering is important. In two or three months, you will forget what it was like and forget the exact days you missed work. Keep a simple journal that would include writing down physical ailments, consultations with doctors, and missed work. This will be helpful in not only making a settlement demand, but explaining to the jury what you went through.

Photograph the scene and vehicles. It is important for juries to understand that the accident was not a minor one. Skid marks on the road and damage to vehicles help jurors and insurance adjusters understand the severity of the accident. Grass may grow up around a railroad crossing and block vision that would not have been present at your accident. While your accident may have taken place in the middle of winter when there were no leaves on the trees and no one's vision was blocked, the trial may take place during the summer and an insurance adjuster will bring a picture of the intersection with leaves blocking someone's line of vision. Taking photographs immediately will help the jury to understand the truth.

Write down the names of witnesses and healthcare providers. The names of witnesses at an accident scene are extremely important because police officers often do a very poor job of documenting every witness at the scene. Police officers frequently write down one or two names when they get the jist of a story and may not write down everyone's name. However, insurance companies will often try to cloud the truth and numerous witnesses all telling the same story are important for your case. Healthcare provider's names are easily forgotten. By keeping a list of each and every healthcare provider that provides a service to you, we can make sure that all of the medical records and bills are collected and presented to the insurance company for settlement or to the jury at trial.

Photograph the injuries. Hopefully, years after the accident happened, the scars, the bruises, and the swelling will be gone. A jury, however, will be asked to compensate you for those injuries. Only through pictures can a jury fully understand the pain and suffering that you went through in your accident or wreck. Photograph your injuries as soon after the accident as possible so that a jury and an insurance adjuster can properly evaluate these damages for either settlement or trial.

If you have any questions about what to do after an accident, please do not hesitate to contact our office for a free consultation on how to preserve your personal injury claim. This is especially important in Tennessee where a one-year statute of limitaions applies to personal injury and death claims.

Practice Areas:
Our firm represent plaintiffs in individual, class, and group cases. Our comprehensive and diverse practice is unique among Tennessee law firms that represent only plaintiffs.

Defective Products

Personal Injury

Commercial Litigation

Legal Malpractice

Civil Rights

Firm Receives First Tier Ranking in the
Inaugural "Best Law Firms" Survey

U.S. News Media Group and Best Lawyers recognized David Randolph Smith & Associates as one of the best law firms in the nation. The publications undertook a comprehensive review of the U.S. legal profession, examining 8,782 law firms in 81 practice areas. Our firm received a Tier 1 ranking in the practice area of Personal Injury Litigation-Plaintiffs.

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Commitment to Justice

The Law Offices of David Randolph Smith & Associates actively supports the charity, Action Against Hunger. Read more. Please donate here

*Case results depend upon a variety of factors unique to each case. Indications of past case results do not guarantee or predict a similar result in future cases.
Photograph: Hall of Justice; Historic Riverside County Courthouse (California,1903).

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Last updated: 3/12/12

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