What Kind Of Damages Can I Recover In A Personal Injury Claim?

Posted in Personal Injury on March 18, 2020

Sustaining an injury can lead to significant medical expenses and major life changes. Anyone injured due to the careless or negligent actions of another person should be able to receive compensation for their losses. If you or somebody you care about has been harmed and are thinking about pursuing a personal injury claim, you may be wondering what kind of damages you can recover. Contact our talented Nashville injury lawyers for a free case consultation.

Personal injuries can lead to tremendous expenses

There are many ways that a person can be injured due to the careless or negligent actions of somebody else. It is not uncommon for car accidents, slip and fall incidents, medical mistakes, pedestrian or bicycle crashes, and more to lead to major expenses for victims. In the aftermath of an injury, it is important to understand what types of compensation you may be entitled to through an insurance settlement or jury verdict from a personal injury lawsuit. Here, we want to review several types of economic and non-economic damages that may be available.

Medical expenses

In the aftermath of an injury, it is likely that a victim will incur tremendous medical expenses. Not only will there be emergency medical bills for the initial aftermath of the injury, but there will also be expenses for all follow-up visits to the hospital or doctor. In many cases, an accident victim will need physical therapy in order to make a full recovery. They may require prescription medications and assistance from medical devices to help aid in their mobility.

Lost wages and benefits

In many cases, the ability of an injury victim to work is compromised. In some cases, an injury victim may only be temporarily unable to return to their job while they recover. When this happens, they should be able to receive compensation for the time they miss from work. However, sometimes an injury alters a person’s ability to perform their job at the same level they were able to before. This could lead to diminished capacity and a loss of future income. A loss of future income must be taken into account when determining a final settlement.

Pain and suffering

Pain and suffering damages can be more difficult to calculate but are just as important as any other expenses a victim incurs. These damages encompass various different types of stress an injury victim may experience, including the following:

  • long-term physical pain
  • emotional distress
  • loss of enjoyment of life
  • loss of consortium
  • post-traumatic stress disorder

Punitive damages

For cases in which the at-fault party’s actions were intentional or the result of gross negligence, the court may award punitive damages to the injured party. These damages are intended to punish the fault party and to discourage them, and others, from doing the same thing in the future.

Are there limits on injury damages in Tennessee?

In Tennessee, the state places a cap on the amount of money a personal injury victim can recover for non-economic damages such as pain and suffering. The cap in this state for these damages is $750,000. Tennessee law allows a slightly higher cap of $1 million for injuries that involve:

  • amputation
  • severe burns
  • paralysis due to a spinal cord injury
  • wrongful death of the parent of a minor child

In order to maximize compensation in the aftermath of a personal injury, victims must speak to a qualified Nashville injury attorney to properly pursue damages in these cases.