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.