In a personal injury case, the term “damages” refers to the money paid to an injured person by the person or entity found legally responsible for the accident.
Damages can be awarded as a result of a negotiated settlement or as a result of a trial.
The types of damages that are available in your personal injury case depend on the nature of your case and the state where your lawsuit is filed.
Let’s take a look at the damages you might be able to recover in a Tennessee personal injury case.
The main purpose of compensatory damages is to put the plaintiff in the same position they would have been in had the harm (the accident or injury) never occurred.
Let’s look at an example:
Tennessee allows plaintiffs to recover damages for their monetary losses (called “economic damages”) and damages for their non-monetary losses (called “non-economic damages”).
Let’s take a closer look:
Economic damages (sometimes called “special damages” or “specials”) are intended to compensate plaintiffs for the monetary losses caused by their accident. The amount of these losses can usually be proven by some document (such as a medical bill or an estimate from a mechanic). In other words, economic damages are relatively objective and easily proven by evidence.
Common economic damages include:
Damages/Expenses Worksheet
Damages worksheet to track expenses for your injury claim (medical treatment, property damage, lost wages, prescriptions)
Download in PDF format
Non-economic damages (sometimes called “general damages”) are intended to compensate you for the non-monetary consequences of your accident.
Non-monetary damages include:
Non-monetary damages are difficult to prove. In addition to testimony from people familiar with your accident and recovery, keeping good records can help.
Post-Accident Journal Form
Sample accident journal/diary to help you document the effect on your daily life
Download in PDF format
Medication Log Sheet
Printable daily medication log template helps you track your medicines and side effects
Download in PDF format
Punitive damages (sometimes called “exemplary damages”) are different from compensatory damages. Instead of trying to compensate the plaintiff for their losses, punitive damages are intended to punish the defendant and deter similar behavior in the future.
Because punitive damages are meant to punish and deter, they’re only available in cases where the defendant’s conduct was particularly bad.
Specifically, punitive damages in Tennessee are only available if the plaintiff proves by clear and convincing evidence that the defendant acted:
Most states have damage caps that limit the amount of damages you can recover. In Tennessee, the damage cap for personal injuries is $750,000 for non-economic damages.
There is a higher cap of $1 million for non-economic damages for injuries that involve:
Additionally, Tennessee places a cap on punitive damages in the amount of $500,000, or twice the amount of the compensatory damages (economic plus non-economic damages) awarded, whichever is greater.
Keep in mind that your own negligence can reduce the amount of damages you might otherwise recover in a Tennessee personal injury case. This is because Tennessee follows the “modified comparative fault rule.”
Under the “modified comparative fault rule,” the amount of damages a plaintiff can recover is reduced by their percentage of fault. What’s more, if the plaintiff is determined to be 50% or more at fault, the plaintiff is barred from recovery ANY damages.