Compensatory vs. Punitive Damages in Tennessee Personal Injury Claims
When someone suffers an injury due to another party’s negligence or intentional acts in Tennessee, they may be eligible to recover financial compensation, known as damages, through a personal injury claim. Damages in Tennessee personal injury claims are categorized into two main types: compensatory and punitive damages. Understanding the difference between these two types of damages can help you know what to expect from your personal injury case.
What Are Damages in a Personal Injury Claim?
In a personal injury claim, damages refer to the money awarded to the plaintiff for their injuries and losses. A defendant is required to pay damages to a claimant if it is determined that they breached their duty of care and caused harm. For example, in a car accident claim, the defendant may be required to pay damages if it is determined that they ran a red light and caused a collision that injured the plaintiff.
The two main categories of damages in Tennessee personal injury claims are compensatory and punitive damages. In the following sections, we differentiate between these damages.
Compensatory Damages
Compensatory damages are intended to reimburse the injured party for their loss. These damages are meant to restore the claimant to their position before the injury occurred. In other words, compensatory damages focus on making the victim “whole” again.
These damages fall into two subcategories: economic and non-economic damages. Economic damages are damages you can easily put a price tag on. They are based on actual costs directly tied to the injury. They include;
- Medical expenses
- Lost wages
- Rehabilitation costs
- Property damage
- Out-of-pocket expenses
Economic damages in Tennessee personal injury claims include past expenses that can be directly tied to the injury, as well as future expenses, such as future medical expenses.
On the other hand, non-economic damages compensate for subjective losses that don’t have a clear dollar amount. Examples of non-economic damages include;
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of consortium
Punitive Damages
While compensatory damages are meant to reimburse the victim and make them whole, punitive damages are intended to punish the defendant for their actions and deter them from engaging in similar conduct in the future. Because of the purpose of punitive damages, they are rarely awarded in personal injury claims. Under Tennessee law, these damages may only be awarded if the plaintiff proves by clear and convincing evidence that the defendant acted intentionally, maliciously, recklessly, or fraudulently. For instance, punitive damages may be awarded if a claimant proves that a drunk driver caused their accident.
Caps on Damages in Tennessee Personal Injury Claims
In Tennessee, non-economic damages are capped at $750,000 per claimant in most cases. However, the cap can rise to $1 million in cases involving catastrophic injuries. There is also a cap on punitive damages aimed at ensuring fairness while still holding defendants answerable. In Tennessee, punitive damages are capped at two times the total compensatory damages awarded or $500,000, whichever is greater.
A skilled personal injury attorney is essential in pursuing compensation for compensatory and punitive damages. Working with an experienced attorney can increase your chances of achieving a favorable outcome.
Contact a Knoxville Personal Injury Attorney
At Reynold, Atkins, Brezina & Stewart, PLLC, we have extensive experience helping clients recover the compensation they deserve. Contact our Knoxville personal injury attorney today to schedule a consultation and discuss your case.
Source:
tca.bagel.legal/Title_29_Remedies_and_Special_Proceedings#29-39-104
