What Are Considered Pain and Suffering Damages in TN?
When a person is involved in an accident and suffers an injury, the extent of the injury is often much more than just physical harm and related losses, such as medical expenses or the loss of the ability to earn an income. Often times, a person incurs a number of noneconomic damages as well. The most common type of noneconomic damage in a Tennessee personal injury case is “pain and suffering.”
What Is Pain and Suffering?
Pain and suffering refers to both physical and emotional or psychological pain and suffering that a person experiences as a direct result of their injury. These types of damages are intangible, which means that they don’t have an obvious economic value. As such, there are typically two basic factors that are considered when determining the degree of physical pain and suffering a person has experienced:
- Medications and medical care prescribed; and
- Duration of pain and suffering.
The first factor – medications and medical care prescribed – is weighed very heavily in determining how much pain a person is experiencing. For example, a doctor that is prescribing a strong pain killer is doing so because the patient is in severe pain. As such, the prescription provides proof of pain. If the prescription is prescribed for a significant duration of time, or if other elements–such as patient and doctor testimony–show that pain and suffering has continued for a significant period, then this is an indication that pain and suffering damages should be reflective of that duration. Indeed, the longer the recovery amount of time, the bigger (typically) the settlement for pain and suffering.
Keep in mind that while medications, treatments, and doctors’ statements can all weigh very heavily on an award for pain and suffering, statements from family members, the plaintiff’s own actions, and more can also be used to demonstrate emotional and physical pain and suffering.
Caps on Noneconomic Damages in Tennessee
For those who are seeking noneconomic damages like pain and suffering in Tennessee, it is important to know that the state maintains a cap on all noneconomic damages. Found in Tennessee Code Section 29-39-102 – (a)(2), noneconomic damages in a personal injury suit cannot exceed $750,000. In the event that the injury is “catastrophic” in nature, as found in subsection (c), the $750,000 limit is increased to $1 million. Catastrophic refers to an injury such as a spinal cord injury, amputation injury, third degree burn injuries (covering 40 percent of the body or more), or the wrongful death of a parent with a minor child.
Contact Our Law Offices Today
Recovering damages for pain and suffering can be an important part of a settlement, helping to provide you with the financial help that you need moving forward. To learn more about pain and suffering damages and how to recover the maximum amount available to you, please contact the offices of Bednarz Law to speak with an experienced Tennessee personal injury lawyer today.