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Frequently Asked Questions about Personal Injury Law

Q: How do I know if I have a personal injury case?

A: First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was someone else's fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit. Some personal injury claims could be based on a variety of nonphysical losses and harms. In the case of an assault, for example, you do not need to show that a person's action caused you actual physical harm, but only that you expected some harm to come to you. You also may have a case if someone has attacked your reputation, invaded your privacy, or inflicted emotional distress upon you.

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

A: 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 some states, you may have as little as one year to file a lawsuit arising out of an automobile accident. If you miss the deadline for filing your case, you may lose your legal right to damages for your injury. Consequently, it is important to talk with a lawyer as soon as you suffer or discover an injury.

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If you have lost a family member or suffered injuries as a result of another person's negligence or misconduct, you could be legally entitled to compensation for your loss. To learn more about your right to damages, contact our firm to schedule a consultation with an experienced personal injury attorney for straightforward solutions that will work for you.

Tennessee Accident Injury and Negligence Lawyers

Founded in 1977, the Nashville law firm of Kinnard, Clayton & Beveridge is proud to provide compassionate personal service, sound legal guidance and determined representation to accident and injury victims in Tennessee and the surrounding region.

To discuss your legal options with an experienced and effective personal injury attorney, contact our offices in Nashville today. From investigation and initial filing to settlement negotiations and trial, we will be there at your side to offer support, straightforward answers and real solutions in your personal injury case. Our results include winning the largest verdict in a contested jury trial in middle Tennessee history, and we accept referrals from other attorneys.

Personal Injury - An Overview

Personal injury lawsuits are filed by people (or their representatives) injured due to the negligence of someone else. The injury may be either physical or emotional, and it can arise from a variety of sources or types of conduct. Some of the most common types of personal injury cases include slip and fall, automobile accidents, assaults and battery, medical malpractice, and product liability. In general, the goal of a personal injury action is to determine who was responsible and to compel the responsible party to compensate the injured person for the losses sustained. If you or someone you know has been injured by the careless actions of another, contact a personal injury attorney at Kinnard, Clayton & Beveridge in Nashville, Tennessee, at once to find out how we can help you preserve your rights.

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Personal Injuries from Dangerous or Defective Products

When someone is injured while using a product that was manufactured or marketed in a defective or dangerous way, he or she may be able to recover the resulting damages from the responsible party in a products- liability-based personal injury suit. Products liability law is based on the responsibility of a manufacturer or other provider of goods to compensate users of the goods for injuries caused by defective or dangerous products that it placed into the stream of commerce. The basic idea underlying products liability law is that the companies providing the products are usually in the best position to prevent defective products from entering the marketplace, so if they fail to do so, they should be held accountable. An experienced and knowledgeable personal injury lawyer can advise injured persons on whether they may have a claim against a product manufacturer or seller and can help them recover the damages to which they are legally entitled.

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Reasons to Hire a Personal Injury Attorney

When you’re injured, you need all the help you can get, and you need it as soon as possible. Unfortunately, that means that some injury victims pick the first attorney they find rather than making an informed choice. Before you hire a personal injury attorney, it’s important to educate yourself and find the right fit for you and your case. The following list can help you find an attorney who is right for your case.

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Personal Injuries from Animal Bites or Attacks

Although animal-attack claims most commonly involve dog bites, many other types of domesticated animals, such as ferrets, cats, and even birds, can also bite humans. Even nondomesticated animals, such as large cats ordinarily found in the wild, but owned by some people as pets have been known to attack children and adults. An owner's liability for injuries caused by his or her pet, if any, will vary greatly from jurisdiction to jurisdiction. A lawyer from our firm who is experienced in handling personal injury claims is an excellent source for accurate advice and information if you have been injured in an animal attack.

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Slips, Falls, and Other Premises Liability Claims

Premises liability law involves the legal responsibilities of property owners and occupiers to prevent injuries to persons on their property. One of the most common causes of such injuries is a trip or slip and fall, such as on an icy sidewalk, a loose or uneven stair tread, or a piece of debris or spilled liquid on the floor. Property owner liability varies depending on the rules and principles adopted in the jurisdiction where the injury occurred. An experienced personal injury lawyer at our firm can evaluate the strength of your premises liability claim and help you recover damages for lost wages, medical bills, and pain and suffering.

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When Personal Injuries Result in Death: Wrongful Death Cases

In general, a wrongful death claim is one in which it is alleged that a person died as a result of another's negligence. The deceased person’s surviving relatives, dependents, or beneficiaries may bring suit against the responsible party or parties, seeking monetary damages for their losses. Each state has its own wrongful death law and not every state follows the same guidelines, principles, or rules. A personal injury attorney at our firm can advise you on whether you have a valid wrongful death claim and can help you pursue that claim against the responsible party or parties.

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Selecting a Personal Injury Attorney

If you’ve suffered an injury through the fault of another, you may be out of work, overwhelmed with piles of medical bills, or in constant pain and agony. Under any of these circumstances, researching, locating, and retaining a lawyer to handle your personal injury claim can seem like yet another insurmountable obstacle. There are, however, some guidelines that can help you to select a personal injury lawyer to handle your case. With a personal injury lawyer from our firm on your side, you can breathe a sigh of relief and focus on your recovery while we carry at least part of your burden.

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Personal Injury, General Resource Links

Practical Law: Personal Injury Claims
This Web site, made available to the public by the ABA Division For Public Education contains useful information about personal injury claims.

US Consumer Product Safety Commission (CPSC)
The CPSC is charged with protecting the public from unreasonable risks of property damage, serious personal injury, or death from consumer products such as toys, cribs, power tools, cigarette lighters, and household chemicals that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC's Web site includes recalls and product safety news, information on reporting an unsafe product, and more.

Fact Sheet Library
National Safety Council (NSC) fact sheets are resource guides that provide statistics, tips, and suggestions to make life safer. This Web site contains over 80 topics in four categories: agricultural safety, healthy living, environment safety, and road safety.

Tort Law: An Overview
This Web site, maintained by the Legal Information Institute (LII) at Cornell University Law School, provides general information about tort law, including discussion of intentional torts, negligent torts, and strict liability torts.

Dog Bite Liability
This Web site contains an article from the Insurance Information Institute (III) about dog bite liability. The article discusses dog owners’ liability, recent developments in state legislation, important court decisions, and other related issues.

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Children's Medicine Manufacturer's Plant Unsafe
The F.D.A. released findings Tuesday that the only plant that makes many popular over-the-counter pediatric medicines lacks sufficient quality control measures and has failed to investigate consumer complaints over contaminated product. Last week, Johnson & Johnson, who owns the plant through a subsidiary, recalled 43 over-the-counter pediatric medicines in the United States, its territories and nine other countries, affecting 70 percent of the market for over-the-counter children's medicine. F.D.A. officials said the plant used raw materials that were contaminated with an unknown bacteria and received 46 customer complaints over contaminated medicines. Federal officials did stress that serious harm from the recalled drugs was "remote." Lyndsey Layton, The Washington Post 05/05/2010

Toy Maker Recalls 200,000 Baby Playpens
Dorel Juvenile Group Inc. announced a voluntary recall last week of over 200,000 baby playpens due to the threat of "suffocation or positional asphyxiation." The company said that the floors of the Safety 1st Disney Care Center Play Yards and Eddie Bauer Complete Care Play Yards could become uneven when jostled, posing unnecessary risks to children. The toys were sold from January 2007 to October 2009 at Babies "R" Us, Kmart, Sears, Target and Walmart. No deaths have been reported involving the playpens. Staff Report, Chicago Tribune 12/30/2009
Read Article: Chicago Tribune

DECEMBER 2009: RANDALL L. KINNARD SPEAKS ON THE DANGERS OF TOXIC TOYS
Toy related injuries sent a staggering 80,000 children under the age of 5 to Emergency Rooms in 2007. Randy Kinnard said that defective and dangerous toys harm children each year. The U.S. Public Interest Research Group (USPIRG) released "The 24th-annual Trouble in Toyland report" recently. The report follows testing of thousands of toys for possible choking hazards, eardrum-damaging noise levels and toxins, and is available at www.uspirg.org. To read more on the article from Public News Service, click here.

KINNARD CLAYTON AND BEVERIDGE IS PROUD SPONSOR OF
Snowflake 5k

More than 70,000 children are poisoned each year by prescription or over-the-counter medicines, more than twice as many as are poisoned by other products, a new study has concluded. Read Article.

A Kinnard Clayton & Beveridge case involving Trey Jones was featured on the front page of the USA Today (Read More)

Trey Jones
Military Corner FEATURED ARTICLES

The Nashville personal injury and medical malpractice law firm of Kinnard, Clayton & Beveridge, Attorneys at Law 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 and Kentucky. AL, KY