When choosing Nashville personal injury lawyers to represent you or a loved one, you need the experience, skill, and results only a proven accident attorney can deliver.
Tennessee personal injury victims face a road filled with troubling questions. Seriously injured individuals are unable to work to support themselves or their families, and can’t keep up with medical expenses or necessary home care services. Disabling pain, permanent injury, and financial instability can forever alter the lives of victims and their families.
When choosing Nashville personal injury lawyers to represent you or a loved one, you need the experience, skill, and results only a proven advocate can deliver.
David Randolph Smith is one of small number of accident attorneys in the State of Tennessee certified as a Medical Malpractice Specialist by the American Board of Professional Liability Attorneys. There are over 13,000 attorneys in Tennessee–many of them practicing personal injury law in Nashville.
The firm received the AV rating under Martindale-Hubbell’s peer review rating system. David Randolph Smith is certified as a Medical Malpractice Specialist. He has been selected as a Mid-South Super Lawyer, as one of the Top 100 attorneys in Tennessee (in all fields of practice) he is included in the guidebook Best Lawyers in America.
If you have suffered damages or a serious loss due to personal injury or death, please contact a Nashville personal injury lawyer and accident attorney at David Randolph Smith & Associates at (615) 742-1775 or (800) 394-2119 for a free and confidential evaluation of your case.
The long road of personal injury litigation is overwhelming for victims, especially those still trying to recover. When the unthinkable happens, our advocates are prepared to take a case from complaint to trial so that our clients can focus on family, recovery, and rebuilding their lives.
Our personal injury practice areas include:
- general negligence
- wrongful death
- products liability
- fire litigation
- carbon monoxide poisoning
- nursing home negligence
- premises liability
- construction accidents
Understanding your personal injury claim
If you or someone you love has been seriously harmed, it’s important to understand the elements of your personal injury claim. The expert Nashville personal injury attorneys at David Randolph Smith & Associates keep our clients informed at every step of the litigation process, so that each client can make the best decision for his or her claim.
While every claim is unique, there are four key elements that are required to bring a successful personal injury lawsuit in Tennessee. Knowing these elements, and how your case can meet each one, will give you an idea of how an experienced attorney will approach your case.
Duty of Care
When one party is responsible for an individual’s safety or well-being, they owe that individual a duty of care. Many human relationships establish a duty of care, such as parent/child, doctor/patient, or business/customer relationships.
In order to bring a successful personal injury claim, the first thing a plaintiff must prove is that the defendant owed them a duty of care by assuming some degree of responsibility for the plaintiff’s safety.
Breach of Duty
The second element that a personal injury plaintiff must prove is that the defendant breached the duty of care owed to the plaintiff. A breach occurs when a defendant fails to adequately provide for the plaintiff’s safety, as required by their duty of care. Examples of such breaches include unmarked wet surfaces in a grocery store, a doctor operating on the wrong limb, or a driver running a red light.
A plaintiff must be able to show some type of damages in order to bring a personal injury claim. Damages may include pain and suffering, medical expenses, psychological or emotional trauma, or permanent disability.
Even if a defendant breaches their duty of care, a plaintiff will not have a valid personal injury claim if no damages are shown. Likewise, if the damages are very small—a few bruises or scratches—it is generally not worth the time and expense to bring a personal injury lawsuit.
Finally, a plaintiff must prove that their damages were caused by the defendant’s breach of duty. The causation element is the link between the defendant’s wrongful action and the plaintiff’s harm; if no causation can be shown, then the defendant’s act and the plaintiff’s harm are unrelated, and the plaintiff cannot recover.
When establishing causation, a plaintiff must show that the defendant’s action was both the proximate or legal cause, as well as the “but-for” or actual cause, of the plaintiff’s harm. Proximate cause means that the defendant’s action was sufficient to cause the plaintiff’s harm, and “but-for” cause means that the plaintiff’s harm would not have occurred without the defendant’s action. If a plaintiff cannot prove both proximate and “but-for” cause, the link between the defendant’s action and the plaintiff’s harm will not be strong enough to support a personal injury claim.
Choosing a Nashville personal injury attorney
Choosing the right law firm is a critically important decision for victims of personal injuries. When choosing a personal injury lawyer to represent you or a loved one, you need the experience, reputation, and results only a proven advocate can deliver. David Randolph Smith is a Tennessee personal injury attorney with decades of experience, a nationally-recognized reputation, and multi-million-dollar results.
Decades of Experience
Each of the Tennessee personal injury attorneys at David Randolph Smith has years of experience in every phase of the litigation process, from filing a complaint to trying a case to a jury. David Smith alone has over 40 years of experience as a renowned trial attorney.
Our seasoned experience in prosecuting personal injury claims allows our clients to concentrate on that which is most important – their recovery. Our dedication to our client’s cause and our aggressive prosecution of each and every case ensures that our clients receive fair and just compensation for their injuries.
Unlike many Nashville personal injury firms or lawyers that handle a large volume of cases, David Randolph Smith & Associates centers its resources on a select group of serious and catastrophic injury cases in order to ensure that each client receives the personal attention he or she deserves. By concentrating their expertise on a select few cases, our personal injury attorneys ensure that every step is taken to obtain the most favorable outcomes for our clients.
We are nationally recognized as a leading firm in the fields of personal injury and medical malpractice. David has been selected as a Mid-South Super Lawyer, named one of the Top 100 attorneys in Tennessee in all fields of practice, and is included in the Best Lawyers in America guidebook.
We receive a high volume of personal injury case referrals from attorneys throughout the country for cases in Nashville, Tennessee, and states throughout the South and Southeast. Every case is meticulously prepared for trial by our trial team and support staff in order to maximize the recovery for the client, whether by settlement or trial verdict. Our proven track record of success in personal injury has resulted in multi-million-dollar settlements and judgments in a wide variety of individual and group cases.
Since 1997, our firm has recovered over five hundred million dollars for our clients in cases involving personal injuries, car accidents, defective products, and medical malpractice, such as:
- $80 million settlement in the Tri-State Crematory Cases
- $6 million settlement in a defective crane case against manufacturer
- $3.5 million settlement in a birth trauma medical malpractice case
We have litigated cases in federal courts, appellate courts, and the Tennessee Supreme Court and won. Click here for a list of our landmark cases.
To obtain a free and confidential case evaluation for your personal injury case, contact a Nashville personal injury attorney at David Randolph Smith & Associates at (615) 742-1775 or (800) 394-2119.
Our practice areas include general negligence, professional and medical malpractice, fire litigation, carbon monoxide poisoning, nursing home negligence, trucking accidents, tractor-trailer collisions, construction accidents and explosions, automobile accidents, wrongful death, birth injuries, product liability, crime victims, child injuries, premises liability, elevator and escalator accidents, defective products and products liability.
Discuss your case confidentially and free of charge with one of our Nashville personal injury lawyers today.
If you are seeking a:
- Davidson County Medical Malpractice Lawyer
- Tennessee Personal Injury Attorney
- Tennessee Medical Malpractice Attorney
- Tennessee Wrongful Death Attorney
- Tennessee Product Liability Attorney
- Tennessee Trucking Accident Attorney
- Tennessee Auto Accident Attorney
- Tennessee Civil Rights Attorney
- Tennessee Birth Injury Attorney or
- Tennessee Fire Attorney
We would welcome the opportunity to discuss your case confidentially and free of charge.
The Nashville personal injury and medical malpractice law firm of David Randolph Smith & Associates serves clients throughout Tennessee in communities such as Memphis, Knoxville, Chattanooga, Clarksville, Murfreesboro, Jackson, Johnson City, Franklin, Hendersonville, Bartlett, Cleveland, Columbia, Cookeville, Gallatin, Lebanon, Brentwood, Springfield, Dickson, Davidson County, Shelby County, Knox County, Hamilton County, Rutherford County, Williamson County, Robertson County, Cheatham County, Maury County and Montgomery County. We also serve clients in Alabama, Kentucky, Indiana, Mississippi and Illinois. AL, KY, IN, MS, IL.
-Nashville Personal Injury Lawyers