• Skip to main content

New Hdr Right

Enjuris
Finding answers after your accident
Contributor loginSearch
Get help Call Now

Nav Menu

  • Find a Lawyer
  • Accident Resources
        • Personal Injury Law
          • You've been hurt. Now what?
          • Do I have a claim?
          • Finding the best attorney to represent you
          • Dealing with insurance
          • Laws by state
          • View all
        • Accident Types
          • Car accident
          • Truck accident
          • Workplace injury
          • Wrongful death
          • View all
        • Workers' Comp
          • Common work injuries
          • Finding the best workers’ comp lawyers
          • How workers’ comp benefits work
          • Personal injury vs. workers’ compensation
          • View all
        • Injury Guides
          • Spinal cord / column
          • Brain Injury
          • Occupational injuries
          • Whiplash
          • View all
        • More
          • Blog
          • Questions & answers
          • Tell your story
          • Forms and worksheets
          • Videos
          • For students
          • Our Safety Allies
          • About us
          • Legal dictionary
  • Attorney Marketing
    • Social Media Management
    • Become a Partner
    • Join lawyer directory
    • HERO program
    • Compare plans and features
    • Guest blogging for attorneys
    • Enjuris Excellence badge
    • Legal marketing help
Accident Help (Home) » Tennessee Personal Injury Guide » Calculating Pain and Suffering Damages in Tennessee

Calculating Pain and Suffering Damages in Tennessee

Calculating your pain and suffering

What are pain and suffering damages and how are they determined?

It’s hard to put a price tag on your pain and suffering, but there are some factors courts consider and some ways you may be able to increase your award.

Every accident has its costs.

A car accident may cause damage that needs to be repaired or injuries that require costly medical treatment.

But what about the physiological pain and suffering caused by an accident?

If the goal of a personal injury lawsuit is to compensate the injured plaintiff for their losses, shouldn’t this include compensation for the pain and suffering they wouldn’t have otherwise experienced?

Fortunately, Tennessee law allows plaintiffs to recover damages for their pain and suffering.

What is pain and suffering?

Tennesseans can recover both economic and non-economic damages. Economic damages are damages that compensate the plaintiff for the monetary losses caused by an accident, including:

  • Medical expenses (hospital visits, surgeries, medications)
  • Lost income
  • Property damage

Non-economic damages are damages that compensate the plaintiff for the non-monetary losses caused by an accident, including:

  • Pain and suffering
  • Emotional distress
  • Loss of consortium

It’s not easy to define “pain and suffering,” but the Tennessee Court of Appeals gave it a shot:

“Pain and suffering encompasses the physical and mental discomfort caused by an injury. It includes the wide array of mental and emotional responses that accompany pain, such as anguish, distress, fear, humiliation, grief, shame, and worry.”

Real Life Example: Tommy Deen Owen was injured in a car accident in Ripley, Tennessee. He suffered a laceration over his right eyebrow, a lost tooth, multiple abrasions on his face, and a fractured femur. 

 

Tommy was admitted to the hospital and placed in a leg traction device. He was required to undergo several operations for which he was charged more than $11,000. He was also forced to miss some work, which resulted in a loss of $5,000.

Tommy was awarded damages for his monetary losses (medical expenses and lost wages).

But what about the extreme discomfort caused by undergoing multiple operations and lying in a hospital bed in a leg traction device with holes punched into his limbs?

The Shelby County Circuit Court acknowledged the “prolonged and painful nature” of Tommy’s treatment and awarded him damages for his pain and suffering.

When can you recover damages related to pain and suffering in Tennessee?

Tennessee allows plaintiffs to recover pain and suffering damages in all types of personal injury cases, including:

  • Medical malpractice
  • Slip and fall
  • Dog bite
  • Car accident
  • Toxic torts

 

Whether or not a court will award pain and suffering damages depends less on the type of personal injury case and more on the nature of the injury.

Enjuris tip: Workers’ compensation claims are different from personal injury lawsuits. Injured workers can NOT receive pain and suffering damages by filing a workers’ compensation claim.

How much is your pain and suffering worth?

It’s extremely difficult to put a price tag on your pain and suffering. Unlike medical treatment, there are no bills that you can show the judge or jury to support your request for pain and suffering damages.

Due to the subjective nature of pain and suffering, judges and jurors are given wide latitude to determine the amount of pain and suffering damages to award a plaintiff. The following factors tend to influence the decision:

  • Type of injury
  • Type of medication
  • Length of recovery
  • Permanency of injury
  • Strength of evidence (including medical records, photographs, and witnesses who can testify as to the impact of the injury on the plaintiff)
  • Likeability of the plaintiff
  • Location of the court (jurors in certain counties are more or less likely to award pain and suffering damages)

Although it’s difficult to predict pain and suffering damages, insurance companies and defense attorneys estimate a total case value by assigning pain and suffering damages a number (1 through 5) depending on the severity of the injury:

Calculating your pain and suffering

How can you improve the chances of receiving pain and suffering damages?

While much of the process for calculating damages is out of your hands, there are some important things you can do to increase your chances of recovering damages for your pain and suffering:

  • Don’t hide your pain. If you’re experiencing pain due to an accident, don’t hide it from your family or medical doctors. In many personal injury cases, family members are deposed by the defendant’s attorney and asked to explain how the accident impacted the plaintiff’s life. What’s more, your doctors’ notes concerning the pain you might be experiencing during an examination may be used as evidence to support your claim.
  • Keep good records. In addition to keeping copies of your medical records, it’s a good idea to keep a pain journal documenting the impact of the accident on your day-to-day life.

Post-Accident Journal Form
Sample accident journal/diary to help you document the effect on your daily life
Download in PDF format

  • Avoid participating in certain activities. Avoid participating in activities that could give the impression that you’re not experiencing pain after your accident. For instance, if the defendant’s attorney finds out that you went hiking shortly after your accident, you can bet they’ll make the jury aware of your excursion.

Does Tennessee limit the amount of pain and suffering damages you can receive?

Though there’s no limit to the amount of pain you can experience, Tennessee places a cap on non-economic damages in the amount of $750,000.

However, in cases where the plaintiff suffers “catastrophic injuries,” the $750,000 cap is increased to $1 million. Catastrophic injuries include:

  • Spinal cord injuries
  • Amputation of 2 hands, 2 feet, or 1 of each
  • Third-degree burns over 40% or more of the body
  • Wrongful death of the parent of a minor child

Ready to talk to an attorney about your pain and suffering? You can find an experienced Tennessee personal injury attorney in our free lawyer directory.

Downloads:
Free personal injury guides for download to print or save. View all downloads.

Tell your story:
Tell your story - What would you want others to know? Tell us what happened in your accident, and how life has changed for you.

Find an attorney:
Search our directory for personal injury law firms.
See our guide Choosing a personal injury attorney.

Footer Form

Need an attorney? Our Enjuris Partners are ready to help FIND OUT IF YOU HAVE A CASE
Start here

© 2026 Enjuris. All rights reserved.

X/Twitter Facebook LinkedIn YouTube Blog feed Instagram TikTok Reddit
Learn about

Car accident attorneys
Defective product attorneys
Personal injury attorneys
Medical malpractice attorneys
Wrongful death attorneys
Workers compensation attorneys
Birth injury attorneys

Personal injury lawyers: Partner with us Lawyer online marketing

System overview
Video
Powered by

SEO Advantage

3690 West Gandy Blvd., Suite 444
Tampa, FL 33611
Attorney SEO services


Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. We support students, families, caregivers and communities with resources, personal stories and a national directory of partner attorneys.

Copyright © 2026 Enjuris.com. All rights reserved. The accuracy, completeness, or currency of information on this site is not guaranteed. The information provided is not legal advice, does not constitute a lawyer referral service, and no attorney-client relationship is or will be formed by use of this site. For state-specific information, particularly regarding attorney advertising, refer to the Terms of Use. Your use of this website constitutes acceptance of the Terms of Use and Privacy Policy.

Press Enter to Search