If you’ve suffered an injury in Tennessee due to someone else’s negligence, the law provides several types of damages you may recover. However, Tennessee imposes important limitations—especially caps—on certain damages. Below, M J Law explains the categories of damages, statutory caps, and the legal factors that can increase or reduce your recovery, with citations to statutes, case law, and procedural rules.
Categories of Damages
1. Economic Damages (Special Damages)
Economic damages are tangible, out-of-pocket losses, including:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Property damage
- Other quantifiable financial losses
No Cap:
Tennessee law does not cap economic damages. Plaintiffs may recover the full amount of proven economic loss, regardless of the total (Tenn. Code Ann. § 29-39-102).
2. Non-Economic Damages (General Damages)
Non-economic damages compensate for intangible losses, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium
Statutory Cap:
- The general cap on non-economic damages in Tennessee is $750,000 per injury victim, regardless of the number of defendants or claims (Tenn. Code Ann. § 29-39-102(a)).
- For “catastrophic injuries,” the cap increases to $1,000,000. Catastrophic injuries include:
- Spinal cord injuries resulting in paraplegia or quadriplegia
- Amputation of two hands, two feet, or one of each
- Third-degree burns over 40% or more of the body or face
- Wrongful death of a parent leaving a surviving minor child (Tenn. Code Ann. § 29-39-102(c)).
No Cap Exceptions:
The non-economic damages cap does not apply if:
- The defendant acted intentionally
- The defendant was under the influence of drugs or alcohol
- The defendant destroyed, altered, or concealed evidence to evade liability (Tenn. Code Ann. § 29-39-102(h)).
Loss of Consortium:
The Tennessee Supreme Court has held the $750,000 cap is a single, aggregate cap for all non-economic damages in a case, including loss of consortium claims by spouses (Yebuah v. Center for Urological Treatment, PLC, 624 S.W.3d 481, 486-87 (Tenn. 2021))7.
3. Punitive Damages
Punitive damages are awarded to punish egregious or intentional misconduct and deter future wrongdoing.
Statutory Cap:
- Capped at the greater of $500,000 or two times the total compensatory damages (Tenn. Code Ann. § 29-39-104(a)(5)).
- Not available for ordinary negligence; only for intentional, fraudulent, malicious, or reckless conduct (Tenn. Code Ann. § 29-39-104(a)).
4. Damages Against Government Entities
- When suing a governmental entity, all damages (economic and non-economic combined) are capped at $300,000 per person and $1,000,000 per occurrence (Tenn. Code Ann. § 29-20-403).
Factors That Support or Reduce Damages
Factors Supporting Higher Damages
- Severity and permanence of injury: Catastrophic injuries justify higher non-economic damages (Tenn. Code Ann. § 29-39-102(c)).
- Clear documentation: Detailed medical records, wage statements, and expert testimony.
- Impact on daily life: Evidence of ongoing pain, disability, or loss of enjoyment of life.
Factors That Diminish Damages
- Comparative fault: Tennessee uses modified comparative fault (Tenn. Code Ann. § 29-11-103). If you are 50% or more at fault, you recover nothing; if less than 50%, your damages are reduced by your percentage of fault.
- Failure to mitigate: Plaintiffs must take reasonable steps to minimize losses (Tenn. R. Civ. P. 8.03).
- Pre-existing conditions: Damages may be reduced if part of your injury predated the accident.
Apportionment Among Defendants
If multiple defendants are at fault, damages are apportioned according to each party’s percentage of fault, but the total non-economic damages cannot exceed the statutory cap (Tenn. Code Ann. § 29-39-102(b)).
Key Case Law
- Yebuah v. Center for Urological Treatment, PLC, 624 S.W.3d 481 (Tenn. 2021): The $750,000 cap on non-economic damages is a single, aggregate cap per injury, not per plaintiff.
- McClay v. Airport Management Services, LLC, 596 S.W.3d 686 (Tenn. 2020): Upheld the constitutionality of Tennessee’s statutory cap on non-economic damages.
Summary Table
| Damage Type | Examples | Cap/Limitations | Authority |
|---|---|---|---|
| Economic | Medical bills, lost wages, property loss | No cap | Tenn. Code Ann. § 29-39-102 |
| Non-Economic | Pain & suffering, emotional distress | $750,000 ($1M for catastrophic injury) | Tenn. Code Ann. § 29-39-102 |
| Punitive | Punishing egregious conduct | $500,000 or 2x compensatory, whichever is greater | Tenn. Code Ann. § 29-39-104 |
| Govt. Defendant | All damages (economic + non-economic) | $300,000 per person / $1M per occurrence | Tenn. Code Ann. § 29-20-403 |
Why Choose M J Law?
Tennessee’s damage laws are complex and evolving. Our attorneys at M J Law have the experience to maximize your recovery, present compelling evidence, and navigate statutory caps and defenses.
Contact us today for a free consultation about your personal injury case and your potential damages.