The Tennessee non-economic damages cap places a limit on the amount of compensation you can receive for issues like pain and suffering, emotional duress, and quality of life changes. It does not impact quantifiable expenses, such as medical bills, rehabilitation expenses, or lost wages. Understanding these caps can help you determine what compensation you may be entitled to in a personal injury claim.
Call The Haynes Firm at 423-928-0165 to schedule a complimentary consultation at our Johnson City office. We will carefully review your claim, assess your damages, and help you determine what your case may be worth.
In Tennessee, personal injury damages are divided into three primary categories:
Economic damages, also known as “special damages,” are tangible and quantifiable financial losses incurred as a result of the injury. They are intended to compensate for actual monetary losses, and may include:
Economic damages may also include things like home modifications and assistive technologies required to adapt to new physical limitations.
There are no caps on economic damages in Tennessee.
Non-economic damages are more subjective. They are intended to compensate for non-financial losses such as:
The Tennessee non-economic damages cap limits the amount of general damages you can receive. This can have a significant impact on the total compensation you are awarded.
Unlike economic and non-economic damages, which are designed to compensate the victim, punitive damages are intended to punish the defendant for particularly reckless or malicious behavior. These might apply in cases involving:
Punitive damages, like special damages, are capped in Tennessee.
In Tennessee, the non-economic damages cap was enacted as part of the Tennessee Civil Justice Act of 2011. The primary purpose of this cap is to limit the amount of non-economic damages that a plaintiff can receive in a civil lawsuit, especially in cases involving personal injury, medical malpractice, or wrongful death.
The Tennessee non-economic damages cap is:
Tennessee Code § 29-39-104 also places a cap on punitive damages in personal injury claims at $500,000 or two times compensatory damages, whichever is lower. However, the cap on punitive damages may sometimes be lifted when the defendant’s behavior was particularly egregious.
One of the biggest advantages of hiring a personal injury lawyer is their in-depth understanding of complex legal frameworks, such as the Tennessee non-economic damages cap. These laws often involve intricate nuances that can be challenging to navigate without professional help. A personal injury lawyer can interpret the statutes relevant to your situation, ensuring that you fully understand your rights and the compensation you are entitled to.
In addition to legal knowledge and guidance, a personal injury attorney can offer:
Personal injury lawyers manage every aspect of a case, from collecting evidence to filling out paperwork and dealing with insurance companies. They ensure that deadlines are met and that all necessary documentation is accurately completed and submitted on time. This comprehensive case management allows you to focus on recovery rather than legal details.
An experienced personal injury lawyer will possess strong negotiation skills, allowing them to communicate effectively with insurance companies and opposing lawyers. Their ability to present compelling arguments and evidence can lead to more favorable settlement agreements. By negotiating on your behalf, an attorney can often secure higher compensation for your injuries and losses.
Having a lawyer represent you is very important if your case ends up going to trial. They can build a strong case, gather evidence, cross-examine witnesses, and deliver compelling arguments in the courtroom.
A personal injury lawyer not only offers legal assistance but also provides emotional support and guidance throughout the process. They can help you make informed decisions and alleviate some of the stress and anxiety that can accompany legal battles.
The Johnson City personal injury lawyers at The Haynes Firm have decades of experience helping victims of serious injury get fair and full compensation. We are prepared to take cases as far as needed to ensure the most favorable results.
Most personal injury lawyers work on a contingency fee basis. This fee structure means that your lawyer only gets paid if they win your case.
A contingency fee is typically a predetermined percentage of the settlement or award. The percentage may vary depending on the complexity of your case, but should be clearly laid out in a written agreement between you and your lawyer. There should not be any surprises at the conclusion of your case.
While a contingency fee does not necessarily cover court costs, some lawyers will advance filing fees, expert witness fees, administrative costs, and similar expenses while the case is ongoing. These are reimbursed to the attorney from the settlement or award if the case is won.
The contingency fee structure allows you access to legal representation without having to pay upfront. This helps to level the playing field at a time when medical expenses and other losses may be compounding. It also allows you to focus on recovering physically while your attorney handles the legalities of your claim.
At The Haynes Firm, our compassionate Johnson City personal injury lawyers take all cases on a contingency basis. During your FREE consultation, we will discuss our fee structure to ensure you understand the details.
The Tennessee non-economic damages cap can complicate the process of seeking fair compensation. The Haynes Firm is here to help. Our experienced attorneys have leveraged their knowledge and skills both in and out of the courtroom to secure some of the region’s most substantial settlements and verdicts. We are here to listen to your story, conduct a thorough assessment of your damages, and help you understand the true value of your claim.
To schedule your cost-and-obligation-FREE consultation at our Johnson City office, please contact The Haynes Firm today. Our personal injury lawyers serve Greeneville, Boone, Kingsport, and all surrounding areas of Tennessee.