Damages in Car Accident Cases in Tennessee

A person who suffers an injury in Tennessee automobile or truck accident as a result of the negligence of another person has a right to recover damages for their injuries.  As a Tennessee car accident attorney i am fortunate to have represented many people who have been injured in car and truck accidents.

Tennessee law provides that a car or truck accident  injury victim can recover damages for the following:

  • medical expenses
  • lost wages
  • pain 
  • suffering 
  • disfigurement 
  • disability
  • loss of enjoyment of life.

If the injury received in the car or truck accident results in future or permanent physical or emotional problems, additional damages may be recovered for 

  • future medical bills related to the injury
  • future lost wages or lost earning capacity 
  • pain
  • suffering
  • disfigurement
  • disability 
  • loss of enjoyment of life.

The jury evaluates each of these elements of the damage claim and makes a decision as to the fair value of the claim.  Of course, these same factors are considered in reaching a settlement of the claim.

There is no artificial limit on damages to automobile or truck injury victims if  they were injured before October 1, 2011.  For those injured on or after October 1, 2012, Governor Haslam and the Tennessee General Assembly have placed an arbitrary limit on the damages that can be recovered.  Although there is no limit on the recovery of medical expenses and lost wages, there is an government-created cap of $750,000 for claims for pain and suffering, disfigurement, disability, and loss of enjoyment of life.  I believe the damage cap to be unfair, and hopefully the Tennessee Supreme Court will declare the damage caps unconstitutional.

There are a couple of exceptions to the $750,000 cap.  An experienced Nashville car accident attorney will know the law of damages and be able to tell you whether you fall within any exceptions to the arbitrary cap on damages.