This is one of the most common questions we get as an injury firm. While we can generally have an idea of how much a case is worth,the fact of the matter is, it would be legal malpractice to tell someone “I can for sure get you X amount of money for your injury case.” Any lawyer that tells you how much money he or she is going to get you is either lying or doesn’t know what they are talking about. That would be a red flag and I would say you need to find a different injury lawyer.
Most law firms will tell you your case value depends on the medical treatment you receive and the amount of your medical bills and lost wages. While that is generally a good way to value a potential case, its not at all a set in stone way to value cases. Trail lawyers like myself will tell you a case is worth whatever a jury is going to award you. There has been situations where a case has $5000.00 in medical bills and gotten a verdict from the jury 10x that amount.
Damages for an injury case are made up of two types of damages There are two types of compensatory damages recoverable in Personal injury cases.
Economic Damages: These are things that we can calculate. For example: Medical Bills, Lost wages and property damage.
Non-Economic Damages: These are things we cannot calculate. Such as pain and suffering from the injury or loss of a loved one.
Punitive damages are also available for malicious, reckless, fraudulent, or intentional acts.
In Tennessee, we have Damage Caps. These are meant to limit the amount recoverable to those injured or who have lost love ones. The damages are as followed:
The limits on damages in Tennessee are:
Non-economic damages: $750,000 per person
Non-economic damages in catastrophic injury cases: $1 million per person
Punitive damages: $500,000 or 2 times the compensatory damages (whichever is greater)
That is why it is so important to know who we are putting in office to set laws. The damage caps in Tennessee are unconstitutional. They are meant to muzzle the jury and to place a limit to the value of your injury or the life of your loved one. We must fight to put people in office who are not in the pocket of the insurance companies and who want to protect the citizens of Tennessee. If a jury says that your pain and suffering for the loss of your loved one is more than $750,000, then that is what the number should be.
Another issue that we have in Tennessee is the minimum required policy to have insurance in Tennessee is $25,000 for bodily injury. This is why we preach to clients to have Uninsured/Underinsured motorist coverage on your own policy. This is meant to protect you if you are injured by someone with a small insurance policy. If you have questions, you can call and ask us if your policy is adequate. We are always happy to review insurance declaration pages to guide clients into having adequate coverage.
If you are curious to the value of your case. It just takes one call to set up a free consultation for us to review and investigate your case. Remember, we don’t get paid unless you do. So it doesn’t cost you anything to hire us to protect your rights.