Tennessee Supreme Court Upholds Non-Economic Damage Cap
The Tennessee Supreme Court recently issued a ruling that shut down the challenge to our state’s law that limits the amount of non-economic damages that a plaintiff can receive in most personal injury cases. The law enacted a damage cap of $750,000 for non-economic losses, even if a jury decides to award more money. In the case in question, the plaintiff was awarded $930,000 in non-economic damages for injuries sustained at an airport shop, though the judge reduced her award to comply with the damage cap.
The case of Jodi McClay v. Airport Management Services, LLC, made the argument that the damage cap was unconstitutional, as it denied injured plaintiffs the right to a trial by jury. The Tennessee Court ultimately disagreed and upheld the law that limits recovery for injured plaintiffs and families who file wrongful death claims.
What are Non-Economic Damages?
Non-economic damages compensate injured plaintiffs for losses that are intangible and are not always easy to quantify. When you have economic damages, such as medical expenses or lost income, you can present medical bills, pay statements, and other documents to clearly demonstrate your financial losses. However, non-economic damages are quite different.
Such damages will vary from case to case, and people who sustain more serious injuries will often have more extensive non-economic damage. These may include:
- Pain and suffering – Injuries can cause severe physical pain and mental suffering, which can stem from the painful injury, difficult medical treatment and recovery, and long-term effects and limitations of an injury.
- Permanent disability or disfigurement – Injuries like a spinal cord injury, severe traumatic brain injury, serious burns, or amputation can result in life-long impairments or disfigurement. This can keep you from working or engaging in your usual activities, and you should be compensated for the devastating and permanent changes to your life.
- Loss of consortium – This refers to the loss of companionship and affection of a spouse or parent due to a serious injury of their spouse or child.
These losses are difficult to calculate, though they are highly important to ensure that injury victims are made whole by the parties who caused their injuries. You want to have the right lawyer handling your claim who knows how to prove non-economic damages and obtain the maximum amount available in your case. While the maximum amount in any case remains at $750,000 in Tennessee, this type of compensation is still critical for injury victims and their families.
Find the Right Nashville Personal Injury Attorney to Protect Your Rights
People with serious injuries deserve to recover for their losses from liable parties – whether those losses are economic or not. You need a law firm that will stand up for your rights under the law and prove the full amount of damages that will cover your losses. The personal injury lawyers at Bednarz Law in Nashville handle all types of injury claims, and no case is too serious for us to take on. Please contact usfor a free consultation.