About Rocky McElhaney, Esquire

Rocky learned many of the life lessons he now uses to help his clients while growing up near Buffalo Trail, in Morristown Tennessee, a small town about 35 miles east of Knoxville. At Central Point Baptist Church, he was taught the proper order of core values by his grandmother – faith, family, friends, and then finances. Rocky’s dad worked as a millwright. His mom was an aide for Head Start. The family lived paycheck to paycheck. Rocky watched his parents work hard for what little they had. They overcame obstacles and made ends meet. By their example, Rocky learned that if you work hard, you can make it.

On August 5, 1988, when Rocky was 15, his dad, Larry McElhaney, injured his low back at work. He filed a workers’ compensation claim, but the insurance company would not pay or provide timely medical treatment. Larry had no choice but to return to work and struggle through the pain. It took three years for Rocky’s dad to get the surgery he needed.

Rocky saw the stress on his dad’s face as he dealt with the physical pain of his injury compounded by financial worry as bills piled up. The family got evicted and had to move. For over three years, Larry dealt with the never-ending stall tactics and red tape of an insurance company that wrongfully refused to give him the benefits he had earned. He was worn down. Larry eventually hired a lawyer. The insurance company still refused to accept responsibility. In fact, in court papers, the insurance company denied it owed Larry anything for his injury. With the help of that lawyer, the family finally got justice.

It was at that moment that Rocky decided to become an attorney – to fight for people the way that lawyer fought for his Dad and his family. Rocky knows that hard working people who are injured should not be subjected to additional hardship because a big corporation or insurance company refuses to do the right thing. Rocky believes that injured people deserve an attorney they can trust to ensure that those that harm them are held fully accountable. Big corporations and the billion dollar insurance companies that back them should be held to the same standard we teach our children – to immediately take responsibility when they cause damage to another and fully pay for the harms and losses.

Representing only the people, not the powerful, over the past 18 years, Rocky has built this law firm to fight for people like you. What makes Rocky different is that he really cares about his clients. Every injured person is his dad and every ruthless insurance company is the one that impacted his family. From that viewpoint, Rocky and his team fight to make sure every client and their family get the maximum compensation for what they go through, not just a quick settlement. Rocky builds friendships with his clients, not just professional relationships. For example, Bridget Pack first hired Rocky in 2000 and they still text to this day. Rocky went to trial for Ernest Atkinson in 2002. Ernie and Rocky would meet at least once every other month at the Beacon Light restaurant on Highway 100 to eat breakfast until Ernie passed away in 2006. Rocky knows your name and your story; not just your case number and date of injury.

Rocky works hard and plays harder. He and his wife Penny have three rowdy boys and a baby girl. On evenings after work, he can be found pitching to his sons, chasing them down on their bikes and battery-powered 4-wheelers, or grilling in the back yard. He likes to SCUBA dive and snow ski. He enjoys Tennessee football games in autumn and Santa Rosa Beach, Florida in springtime. Rocky has an adventurous spirit which led him to jump out of an airplane to skydive, drive a NASCAR 155 MPH at Kentucky Speedway and cliff dive 35 feet into the Caribbean Sea at Rick’s Café in Jamaica.

Rocky is the founder and principal shareholder of the Nashville based Rocky Law Firm where he focuses his practice on significant cases involving catastrophic, brain and spinal cord injury, wrongful death and workers’ compensation. With multiple mid-state offices for the convenience of clients, Rocky and his talented team represent injury victims across Tennessee and throughout the Southeast.

Rocky was presented with the AFL-CIO’s 2013 Presidential Award in a special ceremony at the Music City Sheraton in August 2013 for his dedication and hard work for working families in Tennessee. In June 2013, the Tennessee Association for Justice honored Rocky’s commitment to and influence on Tennessee’s civil justice system with the organization’s Paladin Award. Also, in 2013, Rocky was named to the list of Super Lawyers of the Mid-South. Previously, he was named a Rising Star by Super Lawyers in 2011 and 2012. In December 2012, Rocky and his law firm were selected as one of Tennessee’s “Top Rated Lawyers” by American Lawyer Media and were featured on the cover of the publication. Since 2008, Rocky has been invited to be a member of the National Trial Lawyers Association which limits its membership to the Top 100 trial lawyers in each state. Rocky was named 2007, 2008, 2009 and 2010 Best of the Bar by the Nashville Business Journal, a distinction for the top lawyers in Nashville.

Rocky is a member of the Tennessee Association for Justice where he currently serves as Vice-President and is on the Board of Governors. In 2009, Rocky founded and co-chaired TTLA’s Workers Compensation Practice Group. Rocky is a member of the American Association for Justice. From 1998, Rocky served on the Board of Directors of the Nashville Bar Association Young Lawyers Division, serving as President for 2006-2007. He served an instructor of Intro to Law and Legal Writing at the Nashville School of Law from 2005-2008. Rocky received his B.A. degree from the University of Tennessee at Knoxville and his J.D. degree with honors from Nashville School of Law.

Rocky has been involved in many landmark cases including the 2010 case against General Motors which allowed hundreds of injured workers to re-open closed cases to receive greater settlements and the 2011 representation of Helen Bailey, a 78-year old widow and civil rights activist facing an unfair foreclosure by Chase Bank. He frequently lectures on injury and trial related issues. He has argued before the Tennessee Supreme Court six times, clarifying or creating law for injured people across Tennessee.

 

Awards

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Workers Compensation
Posted by anonymous
June 10, 2016
Hired Attorney

Rocky hasn't been only a lawyer to me, he's also been my friend. I've known Rocky for almost 19 years. How I found Rocky was when I was injured at work. I had fell 14 feet into a crevice under a building. I was injured pretty bad and need somebody's help with my insurance and so on. It was a really bad time in my life. {para}He came to my house to meet with me and to look and see exactly what had happened. I felt like I was in good hands going through something I'd never dealt with before.

 
Personal Injury
Posted by anonymous
April 28, 2016
Hired Attorney

I was traveling in an SUV with six other ladies in Smyrna, Tennessee. We were going about 30mph when we were hit head on by a drunk driver going 60mph. That man lost his life in the wreck. All I remember was remember was rolling through the air and then waking up and hearing the emergency personnel say “They’re all DOA.” That’s when I remember coming to for a second and screaming “I’m not dead! We’re not dead!” Miraculously, all my sisters survived but we all paid a very big price physically. {para}The woman that was sitting behind me in the vehicle had broken her leg and hip in wreck and her leg pushed the metal on the head rest into the back of my head near my brain stem. That caused a host of long-term brain injury symptoms. I had 12 hours of visual blindness. I suffered from chronic emotionally triggered-vertigo which looked and acted like narcolepsy when I got excited, sad or angry. I had uncontrollable nausea, vomiting and chronic dizziness. {para}Worst of all, I lost 15 years of my memory with amnesia of which is something I’m still coping with. I have 22 foster kids and 6 adopted kids and I can’t remember their names. I can’t remember how to do many basic things that used to come second nature. For a long time I thought that I actually carried my adopted daughter and gave birth to her until she told me that it wasn’t true. That whole chunk of my life was just gone. I lost my ability to sew, crochet and cook. Not just the ability, but the passion to do those things as well. Though I am very thankful that my injuries weren’t worse, it has been emotionally trying. Before the wreck everyone thought of me as a great chef and home cook and looked forward to my cooking. Now I stare at the stove for a half hour trying to figure out how to fry an egg. {para}I am a Jehovah's Witness and so are the other ladies that were in the car with me. The Jehovah’s Witness community is like family. Dena, who has been with Rocky’s office for over 10 years is a Jehovah’s Witness and so we naturally connected looking for help with our claims for damages in the wreck. In a injury claim involving six people and many different insurance companies things can get complicated and tension can build quickly and put a strain on relationships. Though only four of the six ladies hired Rocky as their lawyer, Rocky never pushed or made tried to pit us against one another. He explained every possible way we could seek financial recoveries in our cases. He laid it all out for us in an understandable way. Most importantly, he never forced us one way or the other. He respected our decision, even when it meant lesser recovery. {para}I think most lawyers out there would put more pressure on us to fight each other for more money, because the more we get the more the lawyer gets paid but Rocky wasn’t like that at all. I really feel like out of all of the lawyers out there, that Rocky and his team are really genuine about helping people and doing whatever it takes to make them happy and get them to a better place. Though I know Rocky may not have always understood us, he respected us, he listened and he fought for a fair settlement which we were very happy with. Collectively, our main concern was just to make sure that the older sisters were taken care of and the rest of us were just praying to get back to zero. My husband and I were praying for a certain number and wouldn’t you believe, He delivered in the form of Rocky McElhaney Law Firm. I not only was able to pay off my medical bills but I was able to pay a the final $50K on my home loan and pay off my house. He and Dena and his firm have helped my family to become debt free. {para}Even though I’m still grappling with some amnesia and other chronic symptoms from the accident, I am thankful for the journey and thankful for the Rocky Law Firm coming into my life.

 
Personal Injury
Posted by anonymous
August 15, 2012
Hired Attorney
Workers Compensation
Posted by anonymous
September 10, 2011
Hired Attorney

Services

Areas of Law

  • Personal Injury 2
    • Automobile Accidents
    • Wrongful Death
  • Workers Compensation
  • Construction Law 1
    • Construction Accidents
  • Aviation Law 1
    • Airplane Crash Litigation
  • Products Liability
  • Other 19
    • Tractor Trailer Wrecks
    • Nursing Home Neglect
    • Motorcycle Works
    • On-The-Job Injuries
    • Disability
    • Brain Injury
    • Catastrophic Injury
    • Commercial Vehicle Liability
    • Pedestrian Injuries
    • Head Injury
    • Spinal Injury
    • School Bus Accidents
    • Severe Burns
    • Elevator Liability
    • Heavy Equipment Products Liability
    • Product Defects
    • Product Failure
    • Product Safety
    • Product Warning Labels

Practice Details

  • Languages
    English
    Spanish
  • Payment Information
    Payment & Cost Features
    Free initial consultation
    Accepted Credit Cards
    Other - We don't get paid until you get paid!
  • Video Calls
    Offers Video Calls
    Video Call Options
    Zoom
    FaceTime
  • Firm Information
    Position
    Firm Founder and Lead Attorney
    Firm Name
    Rocky McElhaney Law Firm
  • Representative Cases & Transactions
    Cases
    Significant Tennessee Supreme Court Cases

    McCall v. National Healthcare, 100 S.W.3d 109 (Tenn. 2003). In case of first impression, Tennessee Supreme Court upheld trial court's grant of pre-trial temporary payments
    medical benefits in workers' compensation case, holdng that trial court's have authority to award such benefits without evidentiary hearing even after 1992 amendments to Tennessee Workers' Compensation Act.

    Bone v. Saturn Corporation, 148 S.W.3d 69 (Tenn. 2003). In case of first impression, Tennessee Supreme Court reversed trial court award in favor of worker
    two prior panel decisions in holding that when setting the compensation rate in workers' compensation cases, the date of injury is date the injury is reported not the “last day worked.” Later reversed in Building Material Corp v. Britt, 211 S.W.3d 706 (Tenn. 2007), to make the law in Tennessee exactly what Rocky argued on behalf of Ms. Bone.

    Brown v. Erachem Comilog, Inc., 231 S.W.3d 918 (Tenn. 2007). Ground-breaking ruling in occupational disease workers' compensation cases which reversed the trial court
    lower panel decisions
    held that the statute of limitations begins to run when the disease prevents work, not treatment for the disease. This was monumental ruling for injured workers
    revived the Brown case.

    Thompson v. Peterbilt (companion case with West v. Vought Aircraft Industries, Inc.), 256 S.W.3d 618 (Tenn. 2008). Significant case in workers' compensation cases involving the “race to the courthouse” created by the 2004 legislative amendments to Tennessee Code Annotated Section 50-6-203(a). Supreme Court of Tennessee held that the first to file a lawsuit established venue not the first to file
    obtain service of process. One legal commentator (John Day) called this a change in Tennessee law.

    Nichols v. Jack Cooper Transport, 318 S.W.3d 354 (Tenn, 2010). Case of first impression in Tennessee dealing with the impact of temporary lay-offs for injured workers in Tennessee. The high court ruled that a temporary lay-off can result in a “loss of employment”
    established factors trial courts should consider. This opinion helps injured workers receive additional compensation in some circumstances.

    Crowley v. Thomas, 343 S.W.3d 32 (Tenn. 2011). Rocky took this case to the Tennessee Supreme Court to challenge a 100 year old rule that permits defendants to appeal cases won by the Plaintiff from small claims court to Circuit Court
    then dismiss the appeal on the eve of a jury trial. The Court upheld the practice as procedurally available to defendants.

  • Additional Links

Experience

  • Bar Admission & Memberships
    Admissions
    1999, Tennessee
    1999, United States District Court, Middle District, Tennessee
    2006, United States Appeals Court, Sixth Circuit
  • Education & Certifications
    Law School
    Nashville School of Law
    Class of 1999
    J.D.
    Other Education
    University of Tennessee at Knoxville
    Class of 1995
    B.A.

Contact Rocky McElhaney, Esquire

Firm Founder and Lead Attorney at Rocky McElhaney Law Firm
4.8
112 reviews

545 Mainstream Drive, Suite 405Nashville, TN 37212U.S.A.

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475 Saundersville Road, Suite 100Hendersonville, TN 37075U.S.A.

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615 Main St. M2Nashville, TN 37206U.S.A.

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2805 Old Fort ParkwayMurfreesboro, TN 37128U.S.A.

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2197 Madison Street, Suite 103Clarksville, TN 37043U.S.A.

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Office Hours:
  • Monday 08:00 AM - 05:00 PM
  • Tuesday 08:00 AM - 05:00 PM
  • Wednesday 08:00 AM - 05:00 PM
  • Thursday 08:00 AM - 05:00 PM
  • Friday 08:00 AM - 05:00 PM
  • Saturday By appointment
  • Sunday By appointment
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Other Office Locations

Hendersonville, TN

475 Saundersville Road, Suite 100Hendersonville, TN 37075U.S.A.

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Nashville, TN

615 Main St. M2Nashville, TN 37206U.S.A.

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Murfreesboro, TN

2805 Old Fort ParkwayMurfreesboro, TN 37128U.S.A.

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Clarksville, TN

2197 Madison Street, Suite 103Clarksville, TN 37043U.S.A.

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Attorneys FAQs

  • Is this attorney Martindale-Hubbell Peer Review rated?
    Yes, Rocky McElhaney, Esquire has a 4.6 Peer Rating from Martindale-Hubbell.
  • Is this attorney Martindale-Hubbell Client Review rated?
    Yes, Rocky McElhaney, Esquire has a 5.0 Client Rating from Martindale-Hubbell.
  • How many attorneys are in this law firm?
    Rocky McElhaney Law Firm has 10 attorneys at this location.
  • Does this attorney maintain a practice in more than one location?
    Yes, Rocky McElhaney, Esquire has a presence in Clarksville, TN; Hendersonville, TN; Murfreesboro, TN and Nashville, TN.
  • What year was this attorney's law firm established?
    Rocky McElhaney Law Firm was established in 2006.