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  • By: Law Offices of Daniel L. Clayton
  • Published: October 9, 2024

Few accidents will leave their victims unscathed, but the very worst inflict injuries that can only be described as catastrophic. These injuries carry heavy emotional and financial costs that can be life-altering. This article explains how to obtain compensation after such injuries through the personal injury system in Tennessee, including: What injuries can be considered catastrophic, and what sets them apart in personal injury law. The most common causes of catastrophic injuries. The role of medical records in catastrophic personal injury cases. What Kinds Of Injuries Are Considered To Be Catastrophic? Whether injuries are catastrophic or not is not just a matter of opinion or perspective; it is a matter of law. In Tennessee, there are caps on non-economic damages you can claim compensation for in personal injury lawsuits, such as pain and suffering or…Read More

  • By: Law Offices of Daniel L. Clayton
  • Published: October 9, 2024

Nothing is worse than losing a cherished loved one. Fortunately, if they were taken away by the negligence or recklessness of another, the law allows us to hold that person financially accountable for your loss. This article explains how to do so in Tennessee with a wrongful death claim, including: How to determine if you have the right to file a wrongful death claim in Tennessee. The evidence you may need to gather after the loss of a loved one. The damages you can recover with a successful Tennessee wrongful death claim. What Is A Wrongful Death Claim? When Should I Pursue One? Some deaths, while tragic, can be explained by pure accident, bad luck, or the will of a higher power. But sometimes there is an added layer of injustice, someone who acted wrongly,…Read More

  • By: Law Offices of Daniel L. Clayton
  • Published: October 9, 2024

Anyone can get injured, but not everyone knows what to do when you are injured, or how to claim personal injury compensation from those responsible. This article explains the fundamental vocabulary, terms, and concepts of the personal injury claim everyone needs to know, including: What are personal injury claims and what compensation can you claim in one. What liability and negligence mean and why they are so important in personal injury claims. The difference between a settlement and a trial, and the burden of proof required. What Is A Personal Injury Claim? A personal injury claim can be made whenever you have been hurt because of someone elseโ€™s negligence or recklessness. It allows you to obtain financial compensation from the person who is at fault to cover the costs and losses associated with that injury.…Read More

  • By: Law Offices of Daniel L. Clayton
  • Published: August 7, 2024

It can be a challenge to care for an elderly loved one in a nursing home. You want to ensure they receive the best care possible, including proper nutrition. Malnutrition in nursing homes is a serious concern that can have catastrophic effects on your elderly loved one. Recognizing malnutrition signs early can help protect your loved oneโ€™s health and well-being. The Effects Of Malnutrition On The Elderly Malnutrition can haveย far-reaching consequencesย for your elderly loved oneโ€™s health. Consider the following symptoms: Unexplained weight loss Muscle weakness Fatigue and lethargy Slow wound healing Decline of cognitive abilities Increased susceptibility to infections These symptoms can significantly impact your loved oneโ€™s quality of life and overall health. If you notice any of these signs, taking action promptly is crucial. How You Can Stand Against Neglect You play a vital…Read More

  • By: Law Offices of Daniel L. Clayton
  • Published: July 29, 2024

Losing a family member is never easy. The pain can be even more profound when that loss comes unexpectedly due to another personโ€™s negligence. Those who grapple with such a tragedy often find themselves overwhelmed, unsure of their rights and the steps they can take to bring justice to their loved oneโ€™s passing. Who Can File A Wrongful Death Claim? In Tennessee, the right to file a wrongful death claim is limited to specific individuals. The stateโ€™s laws prioritize immediate family members in the following order: Surviving spouse:ย The husband or wife of the deceased has the primary right to file. Children:ย Adult children of the deceased can pursue the claim if there is no surviving spouse or if the spouse is unable or unwilling to file. Parents:ย In cases where the deceased had no spouse or children,…Read More

  • By: Law Offices of Daniel L. Clayton
  • Published: July 16, 2024

The birth of a child can be the happiest moment in a familyโ€™s life. However, that happiness can be cut short by a medical injury or accident before or during the childโ€™s birth. Unfortunately, some birth injuries can lead to severe consequences, such as cerebral palsy. Discovering your child has cerebral palsy can certainly be devastating and cause you tremendous grief and suffering, not to mention the financial difficulties you will incur for the rest of your life. What Is Cerebral Palsy? Cerebral palsy is a medical condition that causes children to have problems moving, walking, talking and thinking. The exact signs and symptoms of cerebral palsy can vary per person, depending on the severity and duration of the injury. While the symptoms may vary, the condition usually does not worsen. The disability is for…Read More

  • By: Law Offices of Daniel L. Clayton
  • Published: June 25, 2024

Car accidents can be stressful and confusing. Knowing your rights can help you navigate the aftermath more confidently. You have some key rights following a car accident. These help you prepare to protect yourself and seek the compensation you deserve. Medical Attention After a car accident, you have the right to seek medical attention. Even if you feel fine, getting aย medical evaluationย is important because some injuries may not be immediately apparent. Prompt medical care can also provide necessary documentation for any potential claims related to the accident. Collect Information You have the right to collect information from all parties involved in the accident. This includes names, contact details, insurance information and vehicle registration numbers. Gathering this information helps ensure you have the necessary details to file a claim. Report The Accident Reporting the accident to…Read More

  • By: Law Offices of Daniel L. Clayton
  • Published: June 19, 2024

Itโ€™s terrifying for a Tennessee driver to suddenly see another vehicle heading straight for them. Head-on collisions are some of the deadliest types of crashes. Usually, head-on collisions are the result of driver error. When two vehicles are heading straight for each other at high speeds, drivers have little time to react. Wrong-Way Driver A recent head-on crash along a well-traveled roadway in Cookeville left oneย driver dead and another facing charges. The accident happened during the morning hours along Interstate 40. According to accident reports, a pickup truck pulling an enclosed trailer was headed east on I-40 when the driver lost control and went through the median and into the westbound lanes. Reports said the pickup truck crashed head-on into a westbound SUV. Tragically, the driver of the SUV was killed. Reportedly, the driver of…Read More

  • By: Law Offices of Daniel L. Clayton
  • Published: June 10, 2024

Falls are a common concern for elderly individuals, and even more so for those residing in nursing homes. While age and frailty can contribute to falls, they arenโ€™t always inevitable. In some cases, frequent falls might indicate neglect in nursing homes. Why Falling Is A Significant Concern Falls are a leading cause of injury and death among seniors. More than one out of four Americans 65 and olderย fall each year. Because of weaker bones and reduced mobility, falls can result in hip fractures, head injuries and other serious complications. These can significantly impact a residentโ€™s quality of life and independence. Falls And Potential Neglect While some falls may be unavoidable, certain factors under the nursing homeโ€™s control can contribute to falls and might suggest neglect: Understaffing:ย If there arenโ€™t enough staff members to properly assist residents…Read More

  • By: Law Offices of Daniel L. Clayton
  • Published: May 27, 2024

Gettingย surgery for any reason can be scary, especially ifย you will be unconscious the entire time. In these scenarios, your doctors and nurses would fully control the situation guided by industry standards and procedural guidelines. However, these cases may still be prone to errors, including wrong-site surgeries. These mistakes happen when a surgeon performs an invasive procedure on the wrong part of the patientโ€™s body. This type of surgical mistake can have grave results that are preventable and unnecessary. What Causes Them? Wrong-site surgeries can be frustrating becauseย systems and regulations exist to prevent them. This mistake often stems from failing to follow protocols or lacking thoroughness when checking patient records before performing the procedure. Additionally, other factors can contribute to these mistakes, such as improper documentation and miscommunication among health care personnel. This error can be…Read More

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