What are the monetary limits in personal injury cases? | The Law Offices of G Turner Howard III

The monetary limits in personal injury cases vary from state-to-state. Tennessee, just like each state in the nation, sets personal injury monetary compensation limits. It’s important to know these figures. When you do, you’ll understand how a lawyer can prepare your case in your best interest.

Non-Economic Damages

Damages that are subjective and not easily quantifiable are called non-economic damages. These are figured on a case-by-case basis. Some examples include pain, suffering, and emotional distress. Loss of business income if you run a business is another example. Spousal neglect is also an example of non-economic personal injury damages.

In Tennessee, non-economic damages have a monetary limitation of $1,000,000. This limit applies to personal injury cases where someone was badly injured. For instance, in the case of an amputated limb that was the result of an accident. In other cases where injuries aren’t as severe, the limit is $750,000.

Punitive Damages

Personal injury that is a result of malicious intent falls under punitive damages. This is when someone injures someone else on purpose. In this type of case, the injury was due to intentional or reckless actions towards the victim.

The monetary limitation for punitive damages in personal injury cases in Tennessee is $500,000 or up twice as much of the compensatory damages.

Other Types of Damages

Tennessee has flexibility with monetary limits on medical expense reimbursements in personal injury cases. Medical expenses and lost wages can vary for each case. The same holds true when figuring lost wages. There’s also future lost wages and medical expenses to consider too.

Modified Comparative Negligence

The amount of money someone would be able to claim depends on who was liable. In some cases, negligence falls on both parties, but one party may be more liable than the other.

In Tennessee, juries use the modified comparative negligence system to assign a percentage of liability to each party. Each party would only be able to recover damages up to the percentage of fault of the other party.

For example, let’s say in an accident, a jury found that the defendant was 75 percent at fault. The plaintiff was 25 percent at fault. The plaintiff might receive compensation up to 75 percent of requested damages. If the plaintiff was 55 percent or more negligent, he or she would not likely receive any personal injury compensation.

Statute of Limitations

If you’re injured, and you want to file a case, you must do so within Tennessee’s statute of limitations. The time starts ticking the day of the accident. If you don’t hire a lawyer within a certain period of time, you’ll likely lose any chance of monetary recovery or future compensation. Here’s some statute of limitations laws for Tennessee.

Timeframe to File:

  • Defamation – 6 months(In some cases up to 1 year, but the general timeframe is 6 months)
  • Assault – 1 year
  • Battery – 1 year
  • Liability – 1 year
  • Negligence – 1 year
  • Wrongful Death (Some exceptions apply) – 1 year

Keep in mind, there may be some exceptions in certain cases. Laws are updated on a regular basis, both statewide and nationally. It’s important to visit a lawyer to discuss your personal injury case and to discuss the most current information regarding monetary limits. Never guess at it. Seek professional advice and then get the compensation you’re entitled to receive.

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