When you suffer an injury in Nashville, TN, non-economic damages represent a crucial component of your potential recovery beyond medical bills and lost wages. These intangible losses compensate for the pain, suffering, and life changes that cannot be easily calculated with receipts or pay stubs.
This article will look at what non-economic damages are, how they are calculated in Tennessee, and why they are essential to a full and fair personal injury settlement or verdict.
Understanding Non-Economic Damages
Non-economic damages compensate victims for losses that don’t have a clear monetary value. Unlike economic damages, which cover specific financial losses, such as medical expenses and lost income, non-economic damages address the human impact of injuries. These damages recognize that injuries affect more than just your bank account.
The concept acknowledges that serious injuries fundamentally alter one’s experience of life. Physical pain, emotional distress, and the loss of activities you once enjoyed all represent real losses that deserve compensation. Courts have long recognized these intangible harms as legitimate damages in personal injury cases.
Tennessee law allows recovery of non-economic damages in most personal injury cases. However, calculating these damages requires careful consideration of multiple factors that affect each victim differently.
Types of Non-Economic Damages
Non-economic damages encompass various types of intangible losses that significantly impact the lives of victims of car accidents and other accidents.
The main categories of non-economic damages include:
- Pain and suffering – Both physical pain from injuries and mental anguish from traumatic events
- Emotional distress – Anxiety, depression, fear, and other psychological impacts following accidents
- Loss of enjoyment of life – Inability to participate in previously fulfilling activities like sports, hobbies, or travel
- Loss of consortium – Damage to relationships with spouses and family members
- Disfigurement and scarring – Permanent changes to physical appearance that affect self-esteem
- Mental anguish – Ongoing psychological suffering related to the accident and its aftermath
These damages recognize that serious injuries affect more than just your financial situation.
Factors That Influence Non-Economic Damage Awards
The severity and permanence of injuries play crucial roles in determining non-economic damage awards. Courts and juries consider multiple factors when evaluating these complex claims.
Key factors that influence damage awards include:
- Injury severity – More serious injuries typically result in higher compensation than minor injuries
- Permanence of limitations – Lasting disabilities often justify substantial damage awards
- Age of the victim – Younger victims facing decades with injuries may receive higher awards
- Life circumstances – Active lifestyles and career demands influence impact assessments
- Treatment compliance – Following medical advice demonstrates commitment to recovery
- Credibility of testimony – Honest, consistent accounts of pain and suffering affect award amounts
Your individual circumstances and the specific impact of injuries on your life determine the appropriate compensation level.
Methods for Calculating Non-Economic Damages
Courts and insurance companies employ various methods to calculate non-economic damages, as these losses lack inherent monetary values. The multiplier method involves multiplying economic damages by a factor typically ranging from 1.5 to 5, depending on the severity of the injury. More serious injuries warrant higher multipliers.
The per diem method assigns a daily value to pain and suffering, then multiplies this amount by the number of days the victim experiences these impacts. This approach works well for injuries with clear recovery timelines, but becomes more complex with permanent disabilities.
Jury awards in similar cases provide another reference point for calculating non-economic damages. Attorneys research comparable cases to understand what juries have awarded for similar injuries and circumstances. This historical data helps establish reasonable expectations for damage awards.
Non-Economic Damage Caps in Tennessee
Tennessee law places caps on non-economic damages in civil cases to limit compensation for losses such as pain and suffering, emotional distress, and loss of enjoyment of life. These limits help balance the interests of injured plaintiffs with broader policy concerns, such as healthcare access and insurance costs.
In most personal injury and wrongful death cases, non-economic damages are capped at $750,000. However, for cases involving catastrophic injuries, such as spinal cord damage, major burns, amputations, or the death of a parent with minor children, the cap increases to $1,000,000.
These caps also apply to health care liability (medical malpractice) claims, which are not subject to lower or separate damage limits.
While these caps can significantly affect a plaintiff’s total recovery, certain statutory exceptions apply. Understanding these limitations is essential when evaluating potential compensation in Tennessee civil lawsuits.
Proving Non-Economic Damages
Documenting non-economic damages requires more than medical records and bills.
Building a strong case involves gathering various types of evidence to support your claims, including:
- Personal journals – Daily documentation of pain levels, activity limitations, and emotional struggles
- Medical expert testimony – Professional opinions connecting injuries to quality of life impacts
- Family and friend testimony – Witness accounts of personality and capability changes
- Photographic evidence – Visual documentation of injuries, limitations, and lifestyle changes
- Mental health records – Documentation of psychological treatment and ongoing therapy needs
- Activity restrictions – Proof of inability to participate in previously enjoyed activities
Consistent documentation helps establish patterns and demonstrates the persistence of your injuries’ impact on daily life.
Maximizing Your Non-Economic Damage Recovery
Working with experienced personal injury attorneys ensures proper documentation and presentation of non-economic damage claims. Legal professionals understand how to build compelling cases for these complex damages.
Strategies for maximizing non-economic damage recovery include:
- Prompt medical treatment – Seeking immediate care documents the connection between accidents and injuries
- Consistent treatment compliance – Following medical advice demonstrates commitment to recovery
- Thorough documentation – Keeping detailed records of pain, limitations, and life changes
- Expert witness preparation – Working with medical professionals who can explain injury impacts
- Credible testimony – Providing honest, consistent accounts of how injuries affect daily life
- Comprehensive case presentation – Effectively communicating the full scope of non-economic losses
Non-economic damages provide crucial compensation for the intangible losses that accompany serious injuries.
Contact Meyers Personal Injury Law for a Free Consultation
If you’ve been injured and are experiencing pain, suffering, or other non-economic losses, contact Meyers Personal Injury Law today at (615) 258-9000 to discuss how we can help you pursue full compensation for all your damages.
