Navigating Legal Jargon: Key Terms Every Personal Injury Client Needs To Know

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 else’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.

What Does “Liability” Mean In The Context Of Personal Injury Law?

Liability means the person, business, or corporation responsible who can be held accountable and responsible for their actions. In personal injury law, the liable person or party can be pursued for financial compensation for the losses caused by their negligent actions.

How Is “Negligence” Defined In Tennessee, And Why Is It Important?

Just because a bad thing happened does not mean that someone should be held accountable or legally liable.

The legal definition of negligence is the failure to act with the same level of care as a reasonable person would under the same or similar circumstances. In ordinary everyday terms, this usually means they did something they should not have done or failed to do something they should have done.

Whenever a horrible event or accident has occurred, you need to ask whether it was something that should have been prevented if someone had been more careful. If it was preventable by an ordinary person taking their time, or a professional being responsible and careful, then there may very well have been negligence.

What Are “Damages” In A Personal Injury Case In Tennessee?

Damages are the harms and losses caused by an incident, accident, or injury. It includes all the ways you have been harmed by the other person’s negligence and all the costs and losses associated with that harm.

Attorney Daniel Clayton is a compassionate personal injury lawyer serving the injured in both Tennessee and Arizona. He has helped countless clients just like you navigate difficult or contested personal injury claims, never resting until they obtained a settlement or favorable verdict in court. His guidance will help you obtain the compensation you need and the justice you deserve.

Have you been injured in Tennessee? Lost a loved one in Arizona? Contact the Law Offices of Daniel L. Clayton today to schedule a free initial consultation.

Call For A Free Assessment Of Your Needs - (629) 287-0044

What Are The Different Types Of Damages And Recoverable Losses?

Any losses directly tied to another party’s negligent actions are considered recoverable damages. They are categorized into two main types: economic and non-economic damages.

Economic Damages

These damages are tangible financial losses that can be calculated and claimed, including:

• Medical expenses: Past, present, and future medical bills for treatments related to your injury.
• Lost wages: Compensation for income lost due to missed work.
• Lost earning capacity: If your injuries impact your ability to work and earn in the future.
• Other monetary costs: Any out-of-pocket expenses resulting from the accident, such as transportation or home modifications.

Non-Economic Damages

These damages cover more subjective losses that are harder to calculate but are just as significant:

• Pain and suffering: Compensation for the physical pain and emotional distress you experience due to the accident.
• Loss of enjoyment of life: If your injuries prevent you from participating in activities you once enjoyed, such as sports or hobbies.
• Permanent injuries: Compensation for lifelong injuries that affect your quality of life.

For example, if you’ve sustained a leg injury that keeps you from enjoying activities like running or playing golf, you have the right to seek compensation for the impact this loss has on your quality of life. When an injury caused by someone else’s carelessness takes away something that brings you joy, the law allows you to request compensation for that loss.

This is especially true if the injury is permanent and affects you for the rest of your life. By effectively presenting these losses to a jury, they may award significant compensation for the harm done—often leading the responsible party to settle before it even reaches that point.

What Is The Difference Between A Personal Injury “Trial” And “Settlement”?

A trial requires turning over your case to a jury and judge. In Tennessee, that means a jury of 12 peers will decide whether the person who hurt you was negligent and liable, as well as how much compensation you should receive for your losses.

Trial is useful when a settlement cannot be reached – but while the talents of a skilled lawyer will help sway the jury to your perspective, you still have to trust that 12 people you have never met will come to the right decision.

A settlement, on the other hand, occurs when both parties agree on compensation without going to trial. This path offers more control because you decide whether the amount is acceptable or if you want to push for more.

What’s more, settlements can be reached at any point before or after a lawsuit has been filed. However, once a settlement is reached, you cannot pursue further claims, so it’s important to consult with an attorney you can trust before you make the final decision to accept an offer.

What Does “Burden Of Proof” Mean For My Personal Injury Claim, Lawsuit, And Trial?

The burden of proof refers to the responsibility you have to prove that the other party is at fault for your injuries. In Tennessee personal injury cases, the standard is “the greater weight of the evidence,” as the judge will remind the jury.

In simple terms, this means the jury only needs to believe your side is more likely true than not—essentially, if they deem that there is even a 50.1% chance that what you claim occurred, then you have met your burden of proof.

This standard applies both to proving negligence and the amount of damages you’re seeking.

Attorney Daniel Clayton is a compassionate personal injury lawyer serving the injured in both Tennessee and Arizona. He has helped countless clients just like you navigate difficult or contested personal injury claims, never resting until they obtained a settlement or favorable verdict in court. His guidance will help you obtain the compensation you need and the justice you deserve.

Have you been injured in Tennessee? Lost a loved one in Arizona? Contact the Law Offices of Daniel L. Clayton today to schedule a free initial consultation.

Call For A Free Assessment Of Your Needs - (629) 287-0044

What Are “Statutes Of Limitations,” And How Do They Affect My Claim In Tennessee?

A statute of limitations sets a strict deadline for filing a personal injury claim, and the time limit varies depending on the type of claim and circumstances. For example, the timeframe to file a legal malpractice claim may differ from that of a medical malpractice or wrongful death claim.

In Tennessee, the statute of limitations for car accident personal injury cases is just one year from the date of the injury—one of the shortest in the country. This can be challenging because, after a serious injury, most people are focused on recovery and rebuilding their lives, not filing lawsuits.

However, if you do not settle your claim or file a lawsuit within that one-year window, you lose the right to pursue compensation for your injuries.

There are exceptions, such as for individuals under the age of 18 or for injuries that are not immediately detected (as in some medical malpractice cases), where the clock may start ticking when the injury is discovered. In any case, it’s important to consult with a personal injury lawyer as soon as possible to protect your rights.

How Our Firm Helps People Like You

At the Law Offices of Daniel L. Clayton, our priority is making sure you feel comfortable and supported. Many of our clients have experienced something life-altering—whether it’s a 45-year-old woman grieving the loss of her husband, or a young professional facing serious injuries and an uncertain future.

Regardless of your situation, we understand that you may feel overwhelmed, especially if you’re meeting with a lawyer for the first time. That’s why we focus on creating an environment where you feel heard, cared for, and reassured.

The cornerstone of how we serve you is clear communication. We offer multiple ways to stay in touch—whether through email, phone, text, or face-to-face meetings—so you can always reach us in the way that feels most comfortable to you.

We also commit to answering all your questions with complete honesty, even if the answers are difficult. We believe that transparency builds trust, and it’s our goal to make sure you fully understand your situation and the legal process ahead.

Finally, we provide a detailed roadmap for your case, outlining what to expect and the timeline we anticipate your case will take. With this, our goal is to ensure that you leave our office not only feeling heard and respected, but also with a strong grasp of what happens next.

Once you’ve entrusted us with your case, we step in to worry about the legal side of things so that you can focus on what matters most: taking care of yourself and the people that you love.

Still Have Questions? Worried About Your Personal Injury Claim?

For more help Navigating The Legal Jargon Of Tennessee Personal Injury Claims, a simple consultation might be best. Get the information and legal answers you are seeking by calling (629) 287-0044 today.