Compensatory Damages

Tennessee Personal Injury Law: Compensatory Damages

When a person is injured or killed as the result of fatal harm, he or she is entitled the benefits or damages under Tennessee legislation in order to compensation him or her for the suffering. These are aptly called “compensatory damages.”

Calculating Compensatory Damages:

Both the victim and the party responsible for the injury will have the opportunity to present Tennessee courts with evidence supporting their case. Photographs, witness reports, and other factors will be used to determine who has painted the most accurate portrait of the accident’s circumstance. Whoever has the most evidence, generally speaking, gets the most amount of damages.

Limitations On Compensatory Damages:

In injury cases in which the victims are pursuing damages against the state of Tennessee itself, there are limits as to how much any victims involved can receive. The $300,000 cap for compensatory damages the state of Tennessee can provide a victim is made worse by the fact that it must be split between victims if there are more than one. There are accommodations for families and other such factors, but there are also limitations on those depending on the circumstances.

Tort Reform:

Due to recent legislation changes known as tort reform in the state of Tennessee, compensatory damages have changed. They are now categorized as economic damages or noneconomic damages, the latter of which is limited as far as how much award can be granted. Tennessee courts will look at cases individually to determine factors that may be affected by changes made during tort reform. If damages are found to be either economic or noneconomic, this will play a large part in the amount of compensation a victim will receive.

Subrogation:

Insurance companies have the right to recoup bills if settlements or verdicts change the circumstances on any financial aid provided to a victim in an accident causing injury at the hands of another party. This is called subrogation, and primarily it relates to health insurance. Medical bills paid by one’s insurance might be recouped if the victim received settlements later on down the road.

Prejudgment Interest:

The state of Tennessee does not provide for prejudgment interest in cases involving personal injury to one victim at the fault of another individual party. Instead, Tennessee legislation includes provisions for an alternative judgment called post-judgment interest. This refers to judgments placed on court orders that are given after a successful case resolution.

Legal Representation And Compensatory Damages:

Injuries that are caused at the fault of other persons entitled the victimized individuals to certain benefits that compensate them for any harm incurred as the result of the accident caused by the offending party. In many cases, wrongful death comes into play if a loved one incurs injuries that result in fatal medical conditions, eventually leading to death. Compensatory damages should be collected by any victim in situations such as these, as medical bills and the prospectively lost quality of life for those in such situations typically warrants a fair amount of damages.

Contact our offices if you or a loved one has suffered pain, harm, and even fatalities at the hands of another party. Our team of attorneys has the experience, resources, and connections best suited to ensure the largest amount of settlement for persons eligible for compensatory damages in a wide variety of injury related legal cases. Time is of the essence when gathering evidence, and proving your case is the most important part of the process. Don’t wait! Set up an initial consultation with one of our skilled legal representatives as soon as possible, and he or she will work day and night to get you on track towards reaching the resolution that you or your loved one deserves.