A personal injury claim is a type of lawsuit filed by an injured person (the plaintiff) against the person, business, or entity that caused the harm (the defendant). The goal of the personal injury claim is to compensate the injured person for what lawyers call damages. Damages include medical bills, lost wages, pain and suffering, and other losses resulting from the defendant’s negligent or wrongful act, which are recovered from the defendant. In practice, this means that a negligent defendant must pay for their victim’s medical bills, damaged property, and the time during which they were unable to work.
It is important to note that personal injury claims are civil cases, not criminal cases. In a criminal case, we want to avoid putting innocent people in prison, so the government must prove that the accused is guilty beyond a reasonable doubt. In a civil case like a personal injury claim, the burden of proof is simply the preponderance of the evidence, which means that the plaintiff only needs to show that it is more likely than not that the defendant is at fault.
Imagine a world where a distracted driver could cause a devastating crash but face no consequences. Or where a corporation could sell unsafe products without fear of liability. Personal injury claims ensure that the costs of negligence are not unfairly shifted onto victims and their families.
Personal injury claims are more than lawsuits – they are important tools for accountability and safety. By holding wrongdoers responsible for the harm they cause, we discourage careless, reckless, and dangerous behavior. Discouraging dangerous behavior prevents innocent people from being injured in the first place.
Some corporations, politicians, and insurance companies portray injury claims and the people who file them as frivolous or harmful to society. We disagree. Most victims who pursue claims are honest, hardworking individuals whose lives have been disrupted by the negligence of others. Without the ability to file a personal injury claim, these people would be forced to shoulder the costs of medical care, lost wages, and long-term suffering all on their own.
At Ponce Law, we believe the civil justice system exists to protect people, not corporations or insurers. Personal injury attorneys play a vital role in leveling the playing field and ensuring that victims have access to justice.
Personal Injury claims are neither new, uniquely American, nor frivolous. Rather, they are rooted in ancient history, recognized across much of the world, and essential for ensuring fairness, accountability, and safety.
At Ponce Law, we are proud to stand up for individuals and families harmed by negligence. If you or a loved one has been injured, don’t let misconceptions or corporate scare tactics stop you from protecting your rights.
Contact us today for a free consultation and let us help you pursue justice.
One of the most common questions we hear at Ponce Law is: “How long will my personal injury claim take?”
The truth is that it depends.
Every case is different, and the timeline can vary based on (1) the type of accident, (2) the severity of the injuries, (3) the insurance company’s cooperation, and (4) whether the case goes to court. That said, there are some important things to know about the process in Tennessee, and why having an experienced attorney on your side can actually speed things up rather than slow them down.
Personal injury claims generally follow a similar pattern, but the details of your situation will shape how long it takes:
Many people hesitate to hire an attorney because they worry it will make their claim take longer—or worse, force them into a trial. In reality, the opposite is often true.
At Ponce Law, our experience and knowledge of the Tennessee legal system often allow us to expedite claims and resolve them faster than if someone tried to handle the case on their own. Here’s why:
Hiring a lawyer doesn’t just save time; it can also put more money in your pocket.
Studies consistently show that people represented by attorneys recover over three times more on average than those who go it alone. Insurance companies know this, which is why they often resolve cases more quickly when skilled counsel is on the other side.
At Ponce Law, we work on a contingency fee basis, which means that we only get paid once you get paid and make more money when you make more money. This means that it is in both of our interests that your case is resolved as quickly as possible and for the maximum possible recovery.
If you’ve been injured in Tennessee, don’t let fear of a “long case” stop you from getting the help you need. Contact us today for a free consultation and let us put our experience to work for you.
We represent clients in and around the Middle TN region. That includes—but is not limited to:
One of the first questions people ask us is,”Does Ponce Law have a personal injury lawyer near me?” If you’re located in or around Middle Tennessee and need a personal injury lawyer, contact Ponce Law to speak to our attorneys today.
That depends. If your injuries are serious, costly, and someone else’s fault, then you should absolutely speak with a Nashville personal injury lawyer. If you were involved in a minor accident with no injuries, you may not need the help of an attorney. If you’re not sure whether you want to hire a lawyer, don’t hesitate to contact Ponce Law for a no-obligation case assessment.
At Ponce Law, our Nashville personal injury lawyers work on a contingency fee basis, which means that you don’t owe us any money unless we get money for you. There are no upfront costs for our services. That’s our No Fee Guarantee®. Our initial consultations are free, and you’re under no obligation to move forward with our firm if you don’t wish to do so.
Personal injury lawyers are most valuable for those who were seriously injured through no fault of their own. If you’ve been injured by someone else’s negligence and haven’t already accepted the at-fault party’s insurance company’s offer, then you should at least speak with a personal injury attorney to explore your legal options.
Imagine this: someone calls our law office after being badly injured in a car accident. They’ve spent months in treatment, assuming the insurance company would eventually do the right thing. But when they finally decide to get a lawyer, we have to tell them the worst news — they waited too long. The statute of limitations has expired, and their claim is barred forever.
Sadly, this happens more often than you might think. People don’t realize that the clock is ticking on their personal injury cases as soon as an accident happens. Insurance adjusters know the rules, and they often discourage people from getting an attorney. They may say, ‘You don’t need a lawyer—we’ll take care of you.’ Meanwhile, the insurance company has thousands of attorneys working for them to pay out as little as possible. While people wait for medical treatment or try to negotiate on their own, the clock runs out.
Understanding the statute of limitations (SOL) is crucial. It’s not just a technicality—it’s the difference between securing compensation for your injuries and losing your rights entirely.
A statute of limitations is a legal deadline. If you don’t file your lawsuit within the time allowed, your claim is forever barred, no matter how strong your case may be. Every state sets its own deadlines for personal injury claims, and these deadlines vary widely.
Tennessee law is particularly harsh. As a general rule, you must file a personal injury lawsuit within one year of the date of your injury. This makes Tennessee’s statute of limitations one of the shortest in the country.
To put this into perspective:
In Kentucky, you typically have two years for auto accident cases, but only one year for other personal injury claims. Even experienced attorneys sometimes miss this nuance. In most other states, the deadline is much longer, at two or three years. At the high end, North Dakota and Maine have a six-year statute of limitations.
Because Tennessee has such a strict statute of limitations, people often lose their claims simply because they didn’t know that there was a deadline.
While the general rule is unforgiving, there are some exceptions, extensions, and workarounds. Each is complex and depends on the specific facts of the case, so you should never assume an exception applies without talking to an attorney.
Here are the key exceptions in Tennessee:
These exceptions exist, but they are complicated and limited. Courts interpret them narrowly, and relying on them is risky. The safest course of action is always to consult an attorney as soon as possible after your injury.
At Ponce Law, we regularly help clients who didn’t realize how little time they had to act. Tennessee’s statute of limitations is unforgiving, but with experienced legal guidance, you can avoid losing your rights.
If you’ve been injured, don’t wait and don’t rely on the insurance company’s word. Call Ponce Law as soon as possible so that we can collect the precious evidence needed to maximize your recovery and ensure that your rights are preserved.
When someone is seriously injured because of another person’s negligence, the damages can be life-changing—physically, emotionally, and financially. Victims often ask: “Is there a limit on personal injury claims in Tennessee?”
The short answer: Yes—but only on certain types of damages.
Across the United States, damage caps vary from state to state. Most states allow injured victims to recover the full value of what they’ve lost. Some states, including Tennessee, impose limits on certain categories of compensation.
Understanding how these limits work—and why they exist—is critical if you or a loved one has been seriously injured in Tennessee.
Before diving into Tennessee’s law, it is vital to know the two main categories of damages:
These are measurable financial losses. They include:
– Medical expenses (past and future)
– Lost wages and loss of earning capacity
– Property damage
– Rehabilitation costs
– Home or vehicle modifications due to disability
There is no cap on economic damages in Tennessee.
These are intangible, human losses that can’t be easily measured in dollars:
– Pain and suffering
– Emotional distress
– Loss of enjoyment of life
– Disfigurement or scarring
– Loss of companionship or consortium
Tennessee does cap these non-economic damages and that’s where things become deeply controversial.
Under Tennessee Law most personal injury plaintiffs are capped at $750,000 for non-economic damages.
This means no matter how severe your pain, suffering, or emotional trauma may be, the maximum you can recover for those elements is $750,000—even if a jury decides your suffering is worth millions.
Importantly, this cap does not apply to economic damages. So if your medical care, lost wages, or long-term care costs exceed that amount, you can still pursue the full value of those economic losses.
Tennessee law provides a higher limit—$1 million in non-economic damages—for certain catastrophic cases, including:
– Spinal cord injuries causing paraplegia or quadriplegia
– Amputation of both hands, both feet, or one of each
– Severe third-degree burns covering 40% or more of the body or face
– Wrongful death of a parent who leaves behind a minor child
In these exceptional cases, the law recognizes that the suffering is beyond ordinary comprehension. Still, even a $1 million limit fails to reflect the full, lifelong impact of such devastation.
There are several important exceptions where no cap applies at all. The limitation is lifted if the defendant’s conduct was:
– Intentional
– Malicious
– Reckless
– Involved the destruction or concealment of evidence (spoliation)
For example, if a drunk driver intentionally flees the scene or a company knowingly hides evidence of a dangerous defect, Tennessee law allows the jury’s full verdict to stand and no cap applies.
At Ponce Law, we believe that whether you are experiencing physical pain, are unable to do the things that used to bring you joy or have lost a connection or companionship with a loved one your losses are invaluable and your recovery should not be arbitrarily limited. However, our firm has been helping Tennesseans for over thirty years and we understand what kinds of damages are capped and when they are capped. This means that we know how to help you get as much of the compensation for your injuries that you deserve that is legally possible. If you or a loved one has been injured call today for a free consultation.
In 2011 When Tennessee enacted its tort reform laws establishing a cap on non-economic damages, supporters argued it would reduce frivolous lawsuits and lower insurance premiums. Over a decade later, those promises have not been kept—and the real impact has fallen squarely on injured Tennesseans.
Under Tennessee law, a lifetime of pain, disability, or emotional suffering is worth no more than $750,000. That amount may sound significant—until you consider what it represents.
A person who becomes permanently paralyzed or disfigured has lost far more than money can measure. At first glance, $750,000 might sound like a lot of money. But when you stop and think about what it truly represents, it’s heartbreakingly inadequate. Imagine a person who will never walk again, never hold their children or grandchildren, or never be intimate with their spouse because of a catastrophic injury. No amount of money can restore those losses—but capping such suffering at $750,000 is profoundly unjust.
Insurance companies justified tort reform by promising lower premiums. But after years of data, the truth is clear: States like Alabama, Maine, Virginia, North Carolina and Indiana do not cap damage awards and have similar car insurance premiums to Tennessee. Tennessee’s cap has not reduced rates for consumers, and the only clear beneficiaries have been insurance companies.
Only nine states cap non-economic damages in general personal injury cases. Most states have recognized how unfair and unconstitutional these caps are. Courts in Illinois, Florida, Georgia and Alabama have struck them down; North Carolina, Kentucky and Arkansas never imposed them. These states trust juries—not politicians—to decide fair compensation.
Caps don’t affect small cases—they only affect catastrophic ones. Those with permanent paralysis, brain injuries, burns, or disfigurement—the ones who suffer most—are punished by the law.
Corporate lobbyists and insurance companies fought hard to pass these limits because it makes it cheaper for negligent corporations to injure people. Caps shift the cost of wrongdoing from wrongdoers to taxpayers.
The $750,000 cap was established a decade and a half ago in 2011 and has not been increased since. This is problematic since due to inflation $750,000 in 2011 is worth the equivalent of $1.1 million today.
The 7th Amendment guarantees the right to a jury trial. But when Tennessee courts must reduce jury awards due to the cap, that constitutional right is undermined. Imagine a jury awards $10 million for lifelong paralysis. The judge must reduce it to $750,000. That’s not a jury trial—it’s a government override.
A further constitutional argument against Tennessee’s damages cap is that it violates the doctrine of separation of powers. Under this principle, each branch of government—the legislative, executive, and judicial—has distinct and independent functions. The judiciary’s role includes adjudicating disputes, interpreting laws, and, in civil cases, allowing juries to determine factual issues such as the amount of damages.
When the Tennessee General Assembly imposes a fixed cap on non-economic damages, it intrudes upon this judicial function. By mandating a one-size-fits-all limit on pain and suffering awards, the legislature effectively substitutes its own judgment for that of the jury and the trial judge, thereby infringing on the powers inherent to the judicial branch.
This argument has persuaded several state supreme courts to strike down similar laws.
Legislators have begun discussing raising the cap, but true justice requires more. No government should limit a citizen’s right to full compensation for life-changing harm.
In short Tennessee’s damage cap:
– Devalues human life and suffering
– Has failed to lower insurance premiums
– Hurts the most severely injured victims
– Protects corporations over citizens
At Ponce Law, we believe justice shouldn’t have a price tag. Every person deserves the chance to be made whole again—financially, physically, and emotionally—without artificial limits.
If you or someone you love has been seriously injured, call Ponce Law today. We’ll fight to ensure you recover everything you’re entitled to—because you’re worth more than $750,000.
