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Tennessee Damage Caps

Important information about compensation caps for personal injury lawsuits in Tennessee

Most states have various damage cap laws that apply to how much a person may win in a lawsuit over a personal injury that they may sustain. Tennessee is no different in this respect. The legislature has long recognized that it is important to apply these caps in order to limit the liability of any given individual or corporation.

Statute Of Limitations

Time is of the essence when it comes to filing a personal injury lawsuit in Tennessee. The state has enacted a law that gives the injured party one year to file their lawsuit or else they simply have to live with the fact that they didn’t file it in time. If more than a year has expired between the time of the injury and the present date then a lawsuit may not be brought forward in the state. The party responsible for the injury would be off the hook in this scenario. This is known as the statute of limitations and is strictly upheld for most situations.

A lawyer should be contacted as soon as possible after an injury has occurred. It takes some time for a lawyer's office to obtain and review the necessary records to file a lawsuit in the first place.

Damage Caps To Know About

Anyone who files a personal injury lawsuit in Tennessee needs to understand that they do so with the knowledge that they can only be awarded a certain amount.

The damage cap for the state of Tennessee in the vast majority of personal injury cases is $750,000 for non-economic damages. These are damages such as the pain and suffering that a person may have suffered. They encompass anything that does not directly relate to expenses for medical care of lost wages.

There is a slightly higher cap of $1 million for injuries that involve the following:

  • Amputation
  • Severe burns
  • Wrongful death of the parent of a minor child
  • Paralysis due to spinal cord injury

These are considered to be the most extreme cases, and they are thus viewed as the most likely to ask for and potentially win a large judgement like this. The government has seen fit to allow for the slightly larger cap in these cases to compensate for the fact that the damage done has been so severe.

Injuries Due To State Government Or Its Employees

Make sure you take note of the fact that there are some special rules that apply to cases that involve the state government or its employees. In the event that you are injured as a result of some activity conducted by the state government or its employees you would still have one year to file your claim. However, you also would have ninety days to appeal your case if you are denied compensation right off the bat.

In a case involving the state government it is even more essential to obtain legal council as quickly as you possibly can. The time limits on these kinds of things are strictly enforced, and the fact remains that you want to make sure you do not miss any kind of deadlines.

What You Might Expect To Receive

The courts in Tennessee really try to zero in on which party was responsible for an accident happening in the first place. The law understands that it is possible that two or more parties bear at least some responsibility for an accident having happened. That is why the state breaks down the compensation based on the percent of responsibility that the jury determines each party was responsible for.

An initial judgement of $10,000 against one party may be reduced to $7,000 in the event that the jury found the plaintiff to be thirty percent responsible for the accident in the first place.

These are the kinds of things that you will want to know if you are pursuing a lawsuit in Tennessee.

An experienced attorney can help guide you through to understanding what is going on each step of the way. Contact Gilreath & Associates for a free consultation.

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Tennessee Personal Injury Lawyers at Gilreath & Associates offer free and personal consultation to help you evaluate your legal options.
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