When someone gets hurt because of another person’s negligence, they may be entitled to seek compensation through a personal injury claim. One of the most important aspects of any claim is understanding what kind of compensation is available. These are legally referred to as types of damages in a personal injury claim, and they determine how much a person might receive depending on the losses suffered.
In Tennessee, damages are divided into specific categories, each with its own rules and limits. Knowing how these work can help injury victims and their families better understand the legal process and their rights.
Introduction to Damages
Damages in a personal injury claim refer to the money awarded to someone who has suffered harm due to another person’s actions. The goal is to help the injured person return to the position they were in before the injury—physically, emotionally, and financially.
Tennessee law recognizes different types of damages based on the nature of the injury and how it affects the individual’s life. These include both actual financial losses and personal, emotional effects.
Compensatory Damages
Compensatory damages are meant to compensate the injured person for the actual harm suffered. These are further broken down into two main types: economic damages and non-economic damages.
Economic Damages
These are measurable costs and losses resulting from the injury. They include:
- Medical expenses: Hospital bills, surgeries, medications, therapy, and future medical care.
- Lost wages: Income lost due to missed work and reduced ability to earn in the future.
- Property damage: Repair or replacement of damaged vehicles or personal property.
- Out-of-pocket costs: Travel for medical appointments, home modifications, or assistive devices.
Because these losses are tied to actual expenses, they are usually easier to document and calculate.
Non-Economic Damages
These damages cover the more personal impact of an injury. They don’t have a clear dollar amount and are often more difficult to quantify. They include:
- Pain and suffering: Physical pain resulting from the injury.
- Emotional distress: Anxiety, depression, or trauma related to the accident.
- Loss of enjoyment of life: When injuries prevent a person from enjoying hobbies or daily activities.
- Loss of companionship: If injuries affect relationships with spouses or family members.
In Tennessee, non-economic damages are subject to certain limits, especially in injury cases not involving intentional harm or gross negligence.
Punitive Damages
Unlike compensatory damages, punitive damages are not designed to make up for a loss. Instead, they are intended to punish the person who caused the harm and discourage similar actions in the future.
Tennessee courts award punitive damages only in cases where the defendant acted intentionally, maliciously, or with extreme recklessness. These are rare and come with strict legal requirements. Under Tennessee law, punitive damages are capped at two times the total amount of compensatory damages or $500,000, whichever is greater.
Wrongful Death Damages
When an injury leads to someone’s death, the surviving family members can file a wrongful death claim. This type of claim also falls under personal injury law and includes damages such as:
- Funeral and burial expenses
- Medical expenses incurred before death
- Loss of the deceased person’s income and benefits
- Loss of companionship, guidance, and emotional support
These damages aim to support the family financially and recognize the emotional toll of losing a loved one due to someone else’s negligence.
Damage Caps in Tennessee
Tennessee law places limits on certain types of damages in personal injury cases. These damage caps are particularly important for plaintiffs to understand.
- Non-economic damages are generally capped at $750,000.
- In catastrophic injury cases (such as spinal cord damage, amputations, or wrongful death of a parent with minor children), the cap increases to $1,000,000.
- Punitive damages are limited as mentioned earlier.
These caps apply regardless of the actual suffering experienced, which can sometimes limit the amount awarded, especially in severe cases.
How Damages Are Calculated
Each personal injury claim is different, so calculating damages depends on the facts of the case. Insurance companies, attorneys, and courts look at:
- Medical bills and treatment records
- Proof of lost wages or reduced earning capacity
- Statements from doctors or therapists
- Testimonies from family and friends
- The extent of long-term disability or pain
Non-economic damages, in particular, are often determined using formulas or multipliers based on the severity and duration of the injury.
In some cases, a structured settlement may be offered, where payments are made over time rather than in a lump sum. This depends on the size of the award and the agreement between both parties.
Conclusion
Understanding the types of damages in a personal injury claim can make a significant difference for those trying to recover after an accident. Tennessee law provides a clear structure for awarding both economic and non-economic damages, as well as punitive damages in more serious cases. However, limits on recovery mean that not all losses may be fully compensated.
Knowing how damages are defined and calculated helps individuals make informed decisions and prepare for the process ahead. Whether it’s a car accident, slip and fall, or wrongful death, the team at The Higgins Firm is always there to help injured individuals and their families recover and move forward.