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Damage Caps in Tennessee Personal Injury Cases

  • Being injured in an accident isn’t a good situation to find yourself in, but when someone else is responsible for causing your injuries, you may be able to obtain the justice you deserve by filing a personal injury claim against them to recover your damages.

    However, the state of Tennessee does have some caps, or maximum amounts of compensation, that you’ll be able to recoup from the liable party when you bring your case to court. Continue reading to learn more about these damage caps and how they may impact your Tennessee personal injury case.


    Caps on Non-Economic Damages

    In 2011, Tennessee implemented extensive tort reform laws that included the enactment of damage caps on non-economic damages.

    Non-economic losses refer to the damages that have nothing to do with your financial losses. Some examples of non-economic damages include mental anguish, pain and suffering, loss of household services, disfigurement or scarring, inconvenience, loss of enjoyment of life, and loss of consortium, to name a few.

    The maximum amount that you’ll be able to recover for your non-economic damages in a personal injury case is $750,000. This is in addition to the compensation you’ll receive for your economic (financial) losses, such as lost wages, property damages, and medical expenses.  


    Medical Malpractice Caps

    Medical malpractice claims are essentially personal injury claims against medical professionals whose negligence results in serious injury or illness of their patients. As such, the cap on non-economic damages in a medical malpractice case will stand.

    Additionally, if the injuries consisted of a severe burn, spinal cord damage that resulted in paralysis, or the amputation of a limb, or in the event that a minor child loses their parent to their injuries, then the cap will be raised to $1,000,000.

    This raised cap on non-economic damages doesn’t just apply to medical malpractices cases; rather, it will take effect in any type of personal injury claim that heads to the Tennessee court system.


    Work with a TN Personal Injury Lawyer

    If you have further questions about the damages that will be included in your Tennessee personal injury claim or how much your case is worth, you can discuss the circumstances of your case with an experienced TN personal injury lawyer at Raybin & Weissman, P.C. Simply call our office at 615-256-6666 or fill out the online contact form on our website to schedule your free consultation today.