Tennessee Injury Law Center : Lawyers for Personal Injury and Wrongful Death : Serving Memphis, Nashville, Knoxville

There are several types of damages in wrongful death cases.  If the case is successful, the survivor(s) can recover damages for medical bills, funeral expenses, loss of earning capacity (reduced by personal maintenance expenses) and loss of the loss, society and affection of the decedent.

For cases arising on or after October 1, 2011, damages for the "loss of love, society and affection of the decedent" are limited to $750,000.  The only exception to this rule is if the decedent leaves a minor child. In that situation, the damages for "loss of love, society and affection of the decedent" are limited to $1,000,000.

There is no limit on damages in wrongful death cases in Tennessee for cases that arise before October 1, 2011.

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Does Tennessee have any limits on punitive damages in personal injury and wrongful death cases?

Yes, for all injuries and deaths that occur as a result of reckless or malicious acts on or after October 1, 2011.

Under the new law, punitive damages are limited to $500,000 or two times the compensatory damages awarded in the case, whichever is more.  Punitive damages are not limited in cases involving those who cause harm while under the influence of drugs and alcohol and those who intend to cause physical injury.  Punitive damages are prohibited in certain other types of cases.

If the injury or death occurred before October 1, 2011, there is no statutory limit on the amount of punitive damages that can be awarded.

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 My husband was killed in a wreck with a tractor trailer.  It was not his fault.  What is the minimum amount of money I can recover for his death in a lawsuit?

There is no minimum.  The amount of damages that can be recovered depends on a multitude of factors.  You can get some idea of the relevant factors by reading our legal guide, "Understanding Wrongful Death Cases in Tennessee."

Remember that under Tennessee law a wrongful death case must be filed in court within one year of the time your husband received injuries that resulted in his later death.  

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 My husband was killed in a car wreck in Tennessee.   He earned about $40,000 per year.  We have three children, two under the age of 18.  What damages are we entitled to receive from the person who caused the wreck?

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My wife was killed in a car wreck.  She was not working at the time of her death but planned to go back to work when our daughter went to school.  What damages am I entitled to receive from the person who caused the wreck?

These are the types of damages that can be recovered in Tennessee : (a) medical expenses for treatment of the injuries that resulted in death; (b) funeral bills; (c) conscious pain and suffering from the date of the injury until the date of death; (d) loss of enjoyment of life between the date of injury and death; (e) loss of earning capacity between the date of injury and death; and (f) the pecuniary value of life.

In all cases, the pecuniary value of life includes the present value of the decedent’s lost future earning capacity less those living expenses necessary to maintain the decedent’s person so that they can work. In cases involving the death of a spouse, the surviving spouse can recover damages for the loss of consortium of the decedent. In cases involving the death of a parent, the children can recover damages for the loss of love, society, affection and guidance of the parent. Each of these types of damages are included in the definition of the “pecuniary value of life.”

The loss of earning capacity claim can also take into account the value of your late wife's services as a homemaker.   

In the event the death was caused by reckless or intentional misconduct, the family of the deceased may also seek punitive damages.

The exact amount of the damages that may be recovered is dependent on the facts of the case.  An experienced personal injury lawyer can help you evaluate the damages after conducting a through investigation of each of the factors listed above.

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What are punitive damages?  How frequently are they awarded in Tennessee?

Punitive damages are awarded only in cases where the defendant acted intentionally, knowingly, maliciously, or recklessly.   Punitive damages are designed to punish the wrongdoer and deter both the wrongdoer and others from similar conduct in the future.  

In Tennessee one must prove they are entitled to punitive damages by "clear and convincing" evidence.  This is a higher burden than applies in the typical civil case, where liability and damages must be proved by only  preponderance of the evidence.

According to Tennessee Jury Verdict Report -  Year in Review 2010 there have been punitive damages awarded in only 59 jury trials in Tennessee in the last six years.  During that period, there were over 1200 jury trials.  Thus, you can see that punitive damages are awarded in a very small percentage of cases that go to trial.

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I caused a car wreck and the other party was hurt.  I really don't know how badly she was hurt but her medical bills are $40,000.  The case goes to trial in about 3 weeks.  My lawyer, who was hired by my insurance company, says that the case will probably go to trial because the person who got hurt wants $125,000 to settle the case and the insurance company has only offered $80,000.  I only have $100,000 of insurance for this wreck.  What happens if the case goes to trial and the jury awards the lady who got hurt more than $100,000?

If the jury awards, say, $120,000 your insurance company will have to pay $100,000 and you will have the responsibility of paying the last $20,000. 

When you are sued for more than your insurance policy limits you should typically seek the input of a private lawyer to help you make sure that your insurance company is treating you fairly.  Your company has a duty to fairly evaluate claims against you to protect you from an excess judgment.   I do not have enough information to say if your insurance company is treating you fairly in this case but I would suggest that you seek the advice of a competent lawyer as soon as possible.

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I was hurt in a personal injury case.  I have hired a lawyer and he has filed a lawsuit for me.  How much money can I ask for?

You have asked a question that is impossible to answer with the information you have given.   What were your injuries?  What were your medical bills?  Are you likely to have future medical bills as a result of your injuries?  Did  you lose any income as a result of your injuries?  Do your injuries impact your future earning capacity?  How have the injuries affected your ability to enjoy your life?  

There are many more questions that have to be answered.  Here are just a few.  How old are you?  Do you have any other medical conditions that affect the quality or length of your life?  What was your level of physical activity before you injury?  Where did the injury happen?  Where will your case be tried?  How did you get injured?   Who caused your injuries?  Who is the adverse lawyer?

The answer to these questions, and many more, impact the value of a case and therefore how much money you should originally seek from a jury or in a settlement demand.  The careful consideration of all of these factors is why you should seek the help of an experienced lawyer to help you.  How do you find such a lawyer?  Read here.

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Some states place a cap on damages in personal injury and wrongful death cases.  Does Tennessee?

No, with a couple of exceptions.  At the present time, Tennessee does not cap damages in any type of personal injury or wrongful death cases except cases filed against state and local governmental entites.  There are no caps against people or non-governmental entites.

The amount of damages in any case is determined by a judge or, if a jury is requested, a jury.  If a jury is requested, the judge reviews the jury's decision after the trial and can lower or increase the amount of damages.  Damages are rarely increased.

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I was hurt in a car wreck six months ago.  It wasn't my fault.  I have been waiting for over a year for the case to settle.  I lost three months of wages and have had to pay some medical bills that were not covered by my health insurance.  Can I get the insurance company to pay interest on my settlement?  It doesn't seem fair that they can delay my settlement and not have to pay interest.

Not under Tennessee law.   Tennessee law does not permit the recovery of interest in personal injury or wrongful death lawsuits.  

The only exception to this rule is if you win a case and a judgment is entered by the court you are permitted to recover interest.  Interest accrues at the rate of 10% per year on the amount of the judgment that is unpaid.  

For example, if you win a judgment of $365,000 at a jury trial in Tennessee you are entitled to collect interest of $100 per day from the date of the jury verdict until the date the judgment is paid.  If a partial payment of the judgment is made the interest is payable only on the unpaid portion of the judgment.  (Note:  you have to pay income taxes on the interest that you are paid.  Be sure to talk with you tax advisor about this.)

The inability to collect interest on personal injury and wrongful death lawsuits (unless a judgment is entered) is yet another reason why you want to hire a lawyer who will work to finish your case promptly.  

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My husband was killed in a car wreck by a drunk driver.  What damages can be recovered by me and our children?

These are the types of damages that can be recovered: (a) medical expenses; (b) funeral bills; (c) conscious pain and suffering from the date of the injury until the date of death; (d) loss of enjoyment of life between the date of injury and death; (e) loss of earning capacity between the date of injury and death; and (f) the pecuniary value of life.

In all cases, the pecuniary value of life includes the present value of the decedent’s lost future earning capacity less those living expenses necessary to maintain the decedent’s person so that they can work. In cases involving the death of a spouse, the surviving spouse can recover damages for the loss of consortium of the decedent. In cases involving the death of a parent, the children can recover damages for the loss of love, society, affection and guidance of the parent.. Each of these types of damages are included in the definition of the “pecuniary value of life.”

An experienced wrongful death lawyer can help you evaluate and prosecute this case so that you and your children can achieve justice in this case.

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My wife was killed in a tractor-trailer wreck.   The wreck was not her fault.  What is this case worth?

That question is impossible to answer without a great deal more information.   Was your wife working outside the home?   What was her income?  What was her age?  What was her state of health before the wreck?   How many children does she have?   Do any of those children have special needs that required her to play a bigger role in their lives after they reached the age of 18 than the ordinary adult child?  

These and many, many more questions must be answered before any lawyer can give you a reasoned opinion on the value of a wrongful death case.  

To learn more about the law of wrongful death in Tennessee, read our legal guide "Understanding Wrongful Death Cases in Tennessee."

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I was in a bad car wreck.   I had $50,000 in medical bills and missed eight weeks of work  (I make $800 per week as a mechanic).   I am probably going to have to have another surgery.  My doctor also says I will have arthritis for the rest of my life.   I just found out that the person who hit me only has $100,000 of liability insurance.   That is not enough for what he did to me.   Can I force the person who caused the wreck to pay me out of his pocket?

A person or company is always liable for all of the harm they negligently cause.  A person purchases insurance to reduce his or her own risk of coming out of pocket to pay for that harm, but if the harm caused exceeds the amount of insurance purchased he or she is liable for the rest.  

The problem, of course, is collecting from a person who causes harm.  To make a payment to the injured person over and above the amount of insurance the person who causes harm must have assets, income, or both.   Many people have very few assets and insufficient income to make a payment to the person who they hurt.   If pressed, these people will often just file bankruptcy and the bankruptcy court will discharge the obligation.   (There are some exceptions to this.  For example, the bankruptcy court will not discharge the lawsuit-related obligation of a drunk driver or a person who intentionally harms another.) 

An experienced personal injury lawyer will help you evaluate the factors you should consider in determining how hard to press the defendant to make a personal contribution over and above the liability insurance policy available for the claim.

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My child was killed by a drunk driver.   He was 10 years old. I want to file a lawsuit.  His no-good father, who never paid child support as ordered by the court and did not visit my son for the for the five year period after our divorce, says he is going to file a lawsuit, too.   Can he do that?  Does Tennessee law permit him to get money from the death of our son when he had nothing to do with our son when he was alive?

Unless you have some physical or mental health issue that you have not mentioned, you will have the right to bring the lawsuit. 

Tennessee law provides that a parent who has a parent who has intentionally refused or neglected to pay any support for a child for a two-year period, or for the life of the child, whichever is less, when subject to a court order requiring the payment of child support and who has intentionally refused or neglected to contact the child or exercise visitation during such period is not permitted to recover damages for the death of the child.  Thus, to cut off the father's right to money out of any recovery you make, you will have to demonstrate that (a) there was a child support order; (b) the father intentionally did not pay for at least 2 years; and (c) he intentionally did not visit the child.

At an absolute minimum you will be able to recover your unpaid child support.  Tennessee law provides that parent cannot recover damages from a wrongful death suit  until all child support arrearages have been paid in full to the parent ordered to receive the support (plus interest).    Thus,  if your child's father had visited your child within the last two years or but had not been paying child support he would have to re-pay you out of the any portion of the money he was entitled to receive.

An experienced wrongful death lawyer can help you navigate through these issues.

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My dad was killed in a truck accident.  My mother filed a lawsuit and recovered a large amount of money.  What happens to that money?

Generally speaking, damages for the personal injury claim (the claim that arises from the period of time between the injury and the death) are distributed under the will of the decedent and, if there is no will, under the law of intestate succession.  The law of intestate succession is described below.

Funeral expenses are re-paid to the person who paid the funeral bills.

Medical expense monies generally must re-paid to the person or insurance company (or government entity) that paid the medical bills.

Damages awarded for the wrongful death portion of the award are generally divided between the “beneficiaries” under the law of intestate succession. For example, in a lawsuit where the decedent leaves a wife and two children behind, each of the three are “beneficiaries” under the law and each receives one-third of the pecuniary loss.

If the decedent left a wife and three children, the wife would receive 1/3 of the recovery and each child would receive an equal share of the remaining two-thirds.

If the decedent left no spouse and four children, each child would receive an equal share. If the decedent left no spouse and no children, the decedent’s parents would each receive 50% of the money.

If the decedent left no parents, spouse or children, the decedent’s siblings would split the money equally.

There are several exceptions to these general rules. For example, a parent that refused to support a minor child may lose rights to collect money if the child becomes a wrongful death victim. Likewise, a person who murders another person cannot be a wrongful death beneficiary.

Thus, under the situation you set forth above, you and your mom would split the proceeds of the case (after paying funeral bills, medical bills, etc.), assuming you do not have any siblings.  If you are still a minor the court will hold the money for you until you are 18 absent special arrangements.  An experienced lawyer can help you understand the rules of distribution of wrongful death proceeds.

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My husband was killed in a car wreck.  What damages am I entitled to receive from the person who caused the wreck?

These are the types of damages that can be recovered in Tennessee : (a) medical expenses for treatment of the injuries that resulted in death; (b) funeral bills; (c) conscious pain and suffering from the date of the injury until the date of death; (d) loss of enjoyment of life between the date of injury and death; (e) loss of earning capacity between the date of injury and death; and (f) the pecuniary value of life.

In all cases, the pecuniary value of life includes the present value of the decedent’s lost future earning capacity less those living expenses necessary to maintain the decedent’s person so that they can work. In cases involving the death of a spouse, the surviving spouse can recover damages for the loss of consortium of the decedent. In cases involving the death of a parent, the children can recover damages for the loss of love, society, affection and guidance of the parent. In cases involving the death of a child, the parents can recover damages for the loss of love, society and affection of their child. Each of these types of damages are included in the definition of the “pecuniary value of life.”

In the event the death was caused by reckless or intentional misconduct, the family of the deceased may also seek punitive damages.

The exact amount of the damages that may be recovered is dependent on the facts of the case.  An experienced personal injury lawyer can help you evaluate the damages after conducting a through investigation of each of the factors listed above.

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My income tax returns do not include income from a second job I have been working over the last few years.  I was hurt in a wreck and missed 6 weeks of work from both jobs.  Am I going to be able to recover my lost income from both jobs?

You might, but if you push too hard you may find yourself in the situation where the IRS finds out that you are been cheating on your taxes and you may face criminal and civil penalties for your failure to report income.   Also, if the jury finds out that you have not been paying taxes as you should it may hurt your case.

Defendants in cases frequently ask for income tax returns to prove loss of earnings claims, and it your income is not reported it makes it very difficult to recover it.  This is often a problem in cases involving small business owners, who all too often understate their income and overstate their expenses in an effort to reduce their taxes.  Doing so is not only illegal but also hurts your ability to prove your true damages in a personal injury or wrongful death case.

This is yet another reason to fulfill your duty to our country and pay the taxes you owe.  None of us like to pay taxes, but the way to have your voice heard on that issue is through the ballot box, not cheating on your taxes.  To be sure, take legitimate deductions and seek tax advise as appropriate, but pay what you owe.

If you get hurt to the extent you are losing income but you have not paid taxes as required by law, tell your lawyer about it as soon as possible.   An experienced personal injury lawyer can help you with this issue.

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 I got hurt in a car wreck. What is the average jury verdict in car wreck cases in Tennessee?

I can give you that number, but it is meaningless.

Why do I say that? Assume there were just two car wreck verdicts in Tennessee in 2009. One was a case where the person who filed suit had no treatment in the emergency room, $3000 in chiropractic treatment, and a history of prior neck and back pain. Assume that the verdict in that case was $3500.

Assume the other person who filed a lawsuit received a permanent, life-altering brain injury. Assume this person has, $1,000,000 in medical bills, $14,000,000 in future medical bills, $2,000,000 in lost wages, and will live another 60 years in a wheelchair totally dependent others. Assume that the jury verdict in that case is $70,000,000.

Given those two cases, the average verdict is just under $35,000,000. What does that tell you about  the value of your case? Nothing. Absolutely nothing.

Obviously, my example is a very simple one, but the point remains the same: average verdicts provide very little information about the value of any particular case. Experienced personal injury lawyers know that there a many variables to the value of a case and that it is a mistake to look at an average to determine the value of a single case.

That being said, we have some data. The Tennessee Jury Verdict Reporter used its best efforts to gather all jury verdicts in Tennessee for the 12-month period ending November 30, 2009.   For that one year period there were 130 car accident cases tried in Tennessee. When the plaintiff won the case, the average verdict was $60, 552. When plaintiff wins and losses are considered, the average verdict was $43, 318. The plaintiff “won” 93 cases and lost 37 cases. 

The average verdicts have declined in the last five years. The 5-year average for plaintiff wins is $77,916. The 5-year average when one considers wins and losses for the plaintiff was $55, 144.    In the last five years plaintiffs have won 586 auto trials and lost 242. 

Let me say it again: these numbers are averages, nothing more and nothing less. They say nothing about the value of any particular case. They tell us nothing about the strength of the case or the nature of the injuries. Likewise, they do not take into account the value of cases that were settled without a trial.   Finally, they do not take into account the competence and experience of the lawyer handling the case.   And any lawyer worth his or her salt will tell you that this last factor makes a real difference in many, many cases.

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