Brandon D. Fersten

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.

Personal Injury

Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death

Juvenile Law

Appeals & Appellate

Civil Appeals, Federal Appeals

Consumer Law

Class Action, Lemon Law

Products Liability

Drugs & Medical Devices, Motor Vehicle Defects, Toxic Torts

Insurance Claims

Bad Faith Insurance, Business Insurance, Disability Insurance, Health Insurance, Life Insurance, Motor Vehicle Insurance, Property Insurance

Real Estate Law

Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law

Construction Law

Construction Contracts, Construction Defects, Construction Liens, Construction Litigation

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

DUI & DWI

Criminal Law

Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes

White Collar Crime

• Zoom
• RingCentral

• Free Consultation
• Credit Cards Accepted
• Contingent Fees

Tennessee

Board of Professional Responsibility of the Supreme Court of Tennessee

Since 2019

6th Circuit

Since 2019

United States District Court for the Eastern District of Tennessee

Since 2019

Associate Attorney

Barnes Law Firm

2019 - Current

Student Attorney

University of Tennessee College of Law: Advocacy Clinic

2019 - 2019

Law Clerk

Barnes Law Firm

2017 - 2019

Law Clerk

McDonald, Levy & Taylor

2018 - 2018

Law Clerk

Law Office of Burroughs & Capps

2017 - 2017

University of Tennessee College of Law

J.D. (2019)

2016 - 2019

Honors: Magna Cum Laude

University of South Florida

B.A. (2016) | Political Science; Economics

2012 - 2016

Jerry P. Black, Jr. Student Clinic Attorney Award

University of Tennessee College of Law

2020

Excellence for the Future Award: Advocacy Clinic

CALI

2019

Excellence for the Future Award: Negotiation

CALI

2018

Excellence for the Future Award: Advanced Criminal Law

CALI

2018

Tennessee State Bar

Member

Current

Tennessee Trial Lawyers Association

Member

2019 - Current

Tennessee Association of Criminal Defense Lawyers

Member

2019 - Current

Knoxville Bar Association

2019 - Current

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

June 25, 2020

Difficulty in Establishing a §1983 Lawsuit Against Municipalities For Police Brutality Proves That A Solution is Needed: Respondeat Superior May Be The Solution

December, 2018

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

December, 2018

Advocacy Experience, University of Tennessee College of Law

2019

University of Tennessee College of Law: Advocacy Clinic

Professional Legal Research

Lexis Nexis

2017

Q. Bought a truck they never told me it was in an accident. Can I do anything about it?

17 July 2020

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.

14 May 2020

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?

14 May 2020

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.