Nashville Premises Liability Attorney

Victims hurt in a preventable accident on someone else’s probably may be able to collect compensation for their injuries and other accident-related consequences. When property owners fail to keep their properties reasonably maintained, an overlooked, unmarked, or uncorrected hazard can cause an accident. Afterward, the property owner may be liable for paying the victim’s damages.

For help with your premises liability claim, connect with Nashville personal injury lawyers from Weir & Kestner. Count on a Nashville premises liability attorney from our team to take your case through the process with efficiency and skill to get you substantially compensated for your losses.

Weir & Kestner is dedicated to helping you when you need it most

When you partner with our Nashville premises liability lawyers, you can trust that we will listen to your concerns, answer your questions, keep you consistently updated, and treat you with compassion and respect as we put all our resources into winning your case. We treat clients as people, not just cases.

Our legal knowledge, experience, and emphasis on providing human-touched representation make a positive difference in our clients’ experiences. Sometimes, law offices wage loud, public advertising campaigns promising top-notch lawyers are ready to help those who respond. Yet, their clients go through the entire legal process without speaking to an attorney. One of the first things our clients learn about us is that we are personally involved in every case.

At Weir & Kestner, we understand your injuries may make it difficult for you to travel or find available times to meet with us. We can accommodate you through flexible scheduling, digital options for signing documents, and meeting you at your home or medical facility.

We get results for clients in an out of court

From initial filing to resolution, your case is in the best hands with Weir & Kestner Injury Lawyers

Factors affecting any personal injury case include the degree of injury, designations of fault, and the severity of the victim’s consequences. Other elements factor into premises liability claims, such as where the accident occurred, who is truly in charge of the property’s maintenance, and whether the hazard causing the accident could have, or should have been, reasonably observed by the person in charge.

Once we take your case, a Nashville premises liability lawyer will thoroughly investigate your accident. This examination will help your attorney discover the cause of the accident and the party responsible for the conditions that led to the accident, which are critical first steps in building a solid case.

Filing the claim

After identifying the at-fault party, your attorney will file your injury claim. In Tennessee, victims have one year to complete this filing. Failure to file on time could prevent you from getting your day in court and the compensation you deserve. Still, some cases warrant extensions of this deadline, so even if you think your legal window of opportunity has closed, reach out for a case review. If our team finds grounds for that extension, we will fight hard to reopen that window.

Preparing evidence

Your premises liability attorney in Nashville will work to gather comprehensive, convincing evidence to support your claim. The team at Weir & Kestner comprises former insurance company defense attorneys. We know how these companies work and their methods for challenging evidence. This background allows us to focus on compiling and presenting evidence they cannot refute and preparing counter-arguments so their challenges never gain traction.

Valuing losses

For most victims, filing their injury claim is a first-time experience. Insurance companies know this; sometimes, they work fast to get victims to accept compensation offers. Once the individual accepts the settlement, there is no turning back. Unfortunately, victims realize too late that they have settled for an amount far too low to cover their needs and acknowledge their suffering.

Our Nashville premises liability attorneys will value every loss you have sustained. We will fight for maximum compensation to cover your physical, emotional, and financial losses. Do not even speak to the at-fault party’s representatives and risk being convinced or intimidated into accepting an offer or having your words used against you. Leave all those conversations to us.

Negotiating a settlement

At Weir & Kestner Injury Lawyers, if there is an opportunity to adequately compensate you early through a pre-litigation settlement we will thoroughly review this option. As former insurance company defense lawyers, our attorneys know how these negotiations work and what to expect from the other side.

We enter negotiations confidently, prepared with knowledge of Tennessee’s personal injury laws, insurance company strategies, and sharp legal insight. We will discuss all offers with you, giving you sound guidance throughout the process and keeping our focus on getting you the highest amount possible.

Fighting at trial

Some cases do not settle out of court. The other side may never make a fair offer or they may employ delay tactics, slowing down the process while you continue to suffer. In this situation, the best way is to take your case before a judge and jury. Once again, you can count on us to put our resources, knowledge, and experience into this trial fight to win your case and deliver maximum compensation.

Weir & Kestner aggressively manage every kind of premises liability case

Premises liability cases often involve slip-and-fall accidents, but they do not just cover those events. Culpable parties also vary depending on where the accident occurs. Our premises liability lawyers in Nashville are prepared to manage your case, no matter its circumstances.

Private residences

As a guest, you might be injured by hazards like weak railings, broken stairs, or frayed carpets that the homeowner knows about but fails to address.

Tennessee law generally does not allow trespassers to claim damages for injuries except under specific conditions. These include securing “attractive nuisances” like swimming pools to prevent injuries, especially to trespassers under 16.

Dog bites at a private residence can lead to premises liability claims if the dog is under the homeowner’s care.

Businesses

Business owners benefit from the clients who patronize their establishments and must ensure their properties are safe from hazards. Whether a supermarket, amusement park, office building, bar or restaurant, or site of another type of business, those responsible for the property’s management must:

• Issue warnings of possible dangers, such as marking wet floors with caution signs
• Implement processes for fixing or identifying dangers quickly
• Keep properties equipped with appropriate safety features–such as fire extinguishers, smoke alarms, and fire exits
• Have on-site adequate security offices and staff
• Keep walkways, hallways, aisles, or other areas open to foot traffic clear of tripping hazards

Rented spaces

Landlords and renters have responsibilities and rights under the Landlord-Tenant Act. Landlords are responsible for keeping properties up to health and safety codes and making timely repairs to remedy property hazards. They must keep all common areas (such as hallways, stairwells, or parking lots in apartment complexes) safe and secure.

If you are a renter and are hurt by a landlord’s failure to fulfill their responsibilities, your injuries may warrant a premises liability claim. However, if you are injured while visiting a renter, and your injury occurred from a hazard under the renter’s immediate control (torn carpeting), your claim may be against the tenant instead. A Nashville premises liability attorney from Weir & Kestner will review your case to determine the responsible party.

Government properties

You may have a valid premises liability case if you sustain an injury while at a state or local park or other government-owned property. However, claims against the Tennessee government follow special procedures best navigated by an experienced attorney.

How Tennessee’s laws affect premises liability cases

Tennessee personal injury law follows a comparative fault model. This model allows victims to pursue injury claims if they bear less than 50% of the fault for the accident that caused their injuries. Representatives for the potential at-fault party typically work hard to put as much blame as possible on victims to avoid making a payout or at least to avoid lowering the payout. If a victim holds less than 50% but still bears some percentage of blame, they will see their compensation reduced by a percentage equal to their fault.

Your personal injury attorney in Nashville will challenge claims inflating your blame and gather as much evidence as possible to support your settlement demand and the at-fault party’s negligence.

Tennessee allows victims to collect economic damages and non-economic damages. Economic damages include medical costs and future care needs, income lost while recovering, and future lost earnings if injuries prevent you from working permanently, and other expenses incurred by the accident. Non-economic damages account for how your injuries have affected you emotionally and physically and how they have reduced your quality of life overall.

Common questions about premises liability cases

How long will my case take to reach a resolution?

Every situation is different, so predicting an exact case timeframe is impossible. Settlements typically happen faster than trial verdicts. A trial’s process depends on the court’s schedule and judge availability, among other factors, and can take one to five years to resolve.

Settlement negotiations do not involve these scheduling factors. Still, some negotiations run more smoothly than others, depending on the parties involved and the case’s complexity. While we cannot promise you an end date, we can promise to work to resolve your case as efficiently as possible.

How much compensation can I expect to receive?

The value of a premises liability case varies according to the specifics of your case. Still, your attorney will seek the highest amount possible to recover your losses, cover future needs, and acknowledge your pain. If applicable, you may collect punitive damages as well.

How do I know if I am eligible to collect punitive damages?

You may be entitled to punitive damages if the accident occurred because of egregious negligence or intention. Punitive damages require the offender to pay additional monies as punishment for their actions. Your attorney will review your case and, if punitive damages are warranted, will fight to get them.

Resources for victims hurt on someone else’s property

Weir & Kestner Injury Law

• 3200 West End Avenue, Suite 500, Nashville, TN 37203
• (615) 220-4180 – We take calls 24/7
• Get in touch online

Nashville Department of Law Claims Division

• To file against the Nashville Municipal Government: Online claim submission form