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Brandon D. Fersten

Brandon D. Fersten

Barnes Law Firm
  • Personal Injury, Juvenile Law, Appeals & Appellate ...
  • Tennessee
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Summary

Maximizing your compensation for injuries caused by someone else's wrongdoing is my top priority. Making you "whole" is not enough.

Brandon D. Fersten files lawsuits on behalf of individuals and small businesses that suffer serious physical or economic injuries due to someone else's negligence, recklessness or intentional conduct. Brandon successfully negotiates settlements on behalf of clients involving car accidents, slip and falls, negligent shootings, contract disputes, invasions of privacy, anti-wiretapping, consumer protection, prisoner rights, construction disputes and real estate disputes. Brandon will negotiate with insurance companies and opposing counsel on your behalf to ensure that you receive the compensation and relief that you deserve.

Brandon regularly appears in juvenile court, general sessions court, criminal court, circuit court and the court of appeals for juvenile defense, criminal defense, DUI defense and appeals. Brandon has successfully argued an appeal in Criminal Court that resulted in a reversal of the trial court's ruling, and he has received numerous dismissals of criminal and delinquency charges in General Sessions and Juvenile Court.

Brandon graduated Magna Cum Laude with a concentration in Advocacy & Dispute Resolution from the University of Tennessee College of Law. During law school, Brandon was awarded the prestigious Jerry. P. Black, Jr. Student Clinic Attorney Award and CALI Excellence for the Future Award in Advanced Criminal Law, Advocacy Clinic and Negotiation. Prior to law school, Brandon received his undergraduate degree in Political Science with a minor in Economics from the University of South Florida.

When Brandon is not practicing law, he enjoys playing softball and golf, watching sports and hiking in the Great Smokies with his fiance, Taylor. If you see Brandon somewhere on the weekend, you will most likely see him accompanied by his first daughter Lilly, an English Golden Retriever puppy.

Practice Areas
  • Personal Injury
  • Juvenile Law
  • Appeals & Appellate
  • Consumer Law
  • Products Liability
  • Insurance Claims
  • Real Estate Law
  • Construction Law
  • Business Law
  • DUI & DWI
  • Criminal Law
  • White Collar Crime
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Tennessee
Board of Professional Responsibility of the Supreme Court of Tennessee
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6th Circuit
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United States District Court for the Eastern District of Tennessee
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Languages
  • English
Professional Experience
Associate Attorney
Barnes Law Firm
- Current
Student Attorney
University of Tennessee College of Law: Advocacy Clinic
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Law Clerk
Barnes Law Firm
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Law Clerk
McDonald, Levy & Taylor
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Law Clerk
Law Office of Burroughs & Capps
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Education
University of Tennessee College of Law
J.D. (2019)
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Honors: Magna Cum Laude
University of Tennessee College of Law Logo
University of South Florida
B.A. (2016) | Political Science; Economics
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University of South Florida Logo
Awards
Jerry P. Black, Jr. Student Clinic Attorney Award
University of Tennessee College of Law
Excellence for the Future Award: Advocacy Clinic
CALI
Excellence for the Future Award: Negotiation
CALI
Excellence for the Future Award: Advanced Criminal Law
CALI
Professional Associations
Tennessee State Bar
Member
Current
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Tennessee Trial Lawyers Association
Member
- Current
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Tennessee Association of Criminal Defense Lawyers
Member
- Current
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Knoxville Bar Association
- Current
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Publications
Articles & Publications
Criminal Defense in Tennessee: Straight Answers About Your Rights and What to Expect Next
Juvenile Defense in Tennessee: Straight Answers About Your Rights and What to Expect Next
DUI Defense in Tennessee: Straight Answers About Your Rights and What to Expect Next
Barnes Law
Difficulty in Establishing a §1983 Lawsuit Against Municipalities For Police Brutality Proves That A Solution is Needed: Respondeat Superior May Be The Solution
The U.S. Supreme Court Or Congress Should Eliminate Major League Baseball's Antitrust Exemption To Scrutinize Major League Baseball's Constitution: An Evaluation of City of San Jose v. Office of Commissioner of Baseball
Speaking Engagements
Advocacy Experience , University of Tennessee College of Law
University of Tennessee College of Law: Advocacy Clinic
Certifications
Professional Legal Research
Lexis Nexis
Legal Answers
7 Questions Answered

Q. Bought a truck they never told me it was in an accident. Can I do anything about it?
A: Yes, you have a few options to attempt to resolve this issue if the company knew that the vehicle was in an accident but concealed that information from you and you were not able to determine that the vehicle was previously involved in an accident through the carmax or a similar report. You can either hire an attorney or attempt to handle the issue on your own. Generally, businesses are more responsive to an attorney than an individual because an attorney will mention in the letter that he or she will file a lawsuit if they do not respond to the demand by a certain date, and your attorney will be able to explain the law and the ways that they will be held liable in a lawsuit. Depending on the facts of your case, the company may be held liable under the Tennessee Consumer Protection Act, as well as for any misrepresentations, intentional or negligent, and fraud that they may have committed. If you choose to attempt to handle the issue on your own, you should first send a letter to the company then, if unsuccessful, file a complaint with the Tennessee Attorney General. A sample/outline of the letter that you should write, along with the process for filing a complaint can be found here: https://www.tn.gov/attorneygeneral/working-for-tennessee/consumer/file-a-complaint.html. You can also file a complaint against the company with the Better Business Bureau. It is important to note that a violation of the Tennessee Consumer Protection Act could cause the business to be responsible for 3X the amount of damages that you actually suffered through something known as "treble damages." Or, if you go to trial, you could also seek punitive damages to punish the business for their actions and stop them and others from engaging in similar conduct. I hope that you are able to work this out! Best of luck!
Q. Can I be cited for leaving the scene on private property. While parking damage occurred at minimal.
A: In short, yes. Leaving the scene of the accident with damage to another vehicle that appears to be less than $1,500 is a Class B Misdemeanor. A Class B Misdemeanor carries a maximum jail time of 6 months and fines up to $500. The court in addition to or in lieu of those penalties can require you to attend a driver's education course that may cost between $50-175. InTennessee, absent an exception to the warrant requirement, a warrantless arrest for a misdemeanor that was not committed in the officer's presence is illegal.This is a potential defense depending on other circumstances of the citation, including the court that you were charged in. If it is a citation in municipal court, or city court, then the defense is not available to you. However, if you were cited to general sessions court, you may have a defense. Regardless, your citation is likely something that an attorney in Tennessee can handle for you to at least stop you from getting points on your license and your insurance rate going up. Depending on your driving history, an attorney may be able to help fight the ticket, potentially without you appearing in court, to get the citation dismissed. Wish you the best of luck!
Q. can i legally leave home tonight if I am 16 years old (almost 17) and will i be sent to juvenile for it?
A: If you do not have your parents' permission to leave your house, I would advise against it. If you leave your home without your parents' consent and they call the police, you will be known as a runaway and the court can find that you are an "unruly child" in need of treatment and rehabilitation. If the court determines that you are an unruly child, the court may place you on probation for up to 12 months (6 months at first then they could extend it another 6 months), or, depending on whether or not you have a criminal history, the court may order that you be placed under supervision or custody of the Department of Children's Services ("DCS"). In short, I recommend that you do not leave your house in the future if your parents do not allow you to do so. It could put you in serious jeopardy of court intervention if your parents end up calling the police on you.
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Contact & Map
Barnes Law Firm
109 S. Northshore Dr.
Suite 310
Knoxville, TN 37919
Telephone: (865) 351-6105