Limits on Tennessee Personal Injury Claims
Tennessee is one of the states where the law places limits on the amount of personal injury damages that can be collected for victims after an accident. If you or someone you know has been hurt in an accident in the Nashville area, it is critical that you hire an experienced attorney who understands the caps and can negotiate the best possible settlement for your claims. At Mitch Grissim & Associates, our knowledgeable attorneys are prepared to zealously advocate for you after an accident. To learn more, call or contact our office today.
Types of Damages in a Personal Injury Case
Victims in personal injury cases are entitled to collect damages for both economic and noneconomic harm caused by the accident. Economic damages include medical bills, lost wages, property damage, and the loss of future income and benefits. Noneconomic damages include compensation for pain and suffering, emotional distress, disability, disfigurement, and for the loss of enjoyment of life.
Tennessee also allows for punitive damages in the most extreme cases of personal injury. Punitive damages are an award that goes beyond compensating the victim for their losses and is meant to serve as a punishment to the wrongdoer as well as a deterrent to others who would consider similar acts.
Limits on Personal Injury Damages
Tennessee law does not limit the amount of economic damages that a victim can collect in a personal injury claim, but there are limits on noneconomic and punitive damages. Noneconomic damages are limited in personal injury cases to $750,000 per person, and punitive damages are limited to $500,000 or twice the economic damages, whichever is greater. When the state of Tennessee is named as a defendant in a personal injury lawsuit, damages are also capped at $300,000 per person and $1,000,000 per event. However, there are exceptions to these limits in certain circumstances.
Noneconomic damages may be increased from $750,000 to $1,000,000 in cases where there is catastrophic injury. Tennessee law defines catastrophic injury as those that cause paraplegia, quadriplegia, amputation (loss of limbs), serious burns, and other injuries severe enough to result in wrongful death if the victim has minor children. For wrongful death cases where the victim does not have minor children, the original damage caps apply.
There are also exceptions to the caps on punitive damages. The caps do not apply for these additional damages when the injuries are caused by intentional acts, cases involving the destruction of records to conceal wrongdoing, and when conduct occurred while under the influence of drugs or alcohol. Exceptions also exist on the capped damages when the state is a defendant in a personal injury case, but they are often very case specific and should be discussed with an experienced Tennessee attorney.
Call or Contact Our Office Now
If you have questions about compensation in your personal injury case, call the office or contact us today at Mitch Grissim & Associates to schedule a free consultation with one of our knowledgeable Nashville personal injury attorneys now.