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How are Personal Injury Damages Calculated in Tennessee?

a wrecked bicycle in the road

In Tennessee, personal injury damages are calculated based on various factors, including the nature and extent of the injuries, economic losses, and non-economic losses. Here's an overview of how damages are typically determined:

1. Compensatory Damages: These are damages intended to compensate the injured party for losses suffered as a result of the accident or injury. They can be divided into two categories:

- Economic Damages: These include quantifiable financial losses such as medical expenses (past and future), lost wages or earning capacity, property damage, and other out-of-pocket expenses directly attributable to the injury.

- Non-Economic Damages: These are more subjective and include compensation for pain and suffering, emotional distress, loss of enjoyment of life, and other intangible losses resulting from the injury.

2. Punitive Damages: In cases where the defendant's conduct was particularly egregious or malicious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future. However, punitive damages are typically awarded only in cases of extreme misconduct and are not intended to compensate the plaintiff.

3. Contributory Fault: Tennessee follows a modified comparative fault system, which means that if the plaintiff is found to be partially responsible for the accident or injury, their damages may be reduced in proportion to their degree of fault. However, if the plaintiff is found to be more than 50% at fault, they may be barred from recovering any damages.

4. Statute of Limitations: It's important to note that Tennessee has a statute of limitations, which sets a time limit for filing a personal injury lawsuit. In most cases, the statute of limitations for personal injury claims in Tennessee is one year from the date of the accident or injury.

Calculating personal injury damages can be complex, and the specific factors considered will vary depending on the circumstances of the case. Consulting with a personal injury attorney who is familiar with Tennessee law can help you understand your rights and pursue fair compensation for your injuries.

William Cain can help you get the most from your personal injury claim. Click below to request a free consultation.


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