When someone gets hurt, and another party is legally liable, the victim usually files an injury claim to recover their economic losses, like medical bills or lost work income. Tennessee law also allows injury victims to recover financial compensation for the pain and suffering they experienced. Unlike medical bills and lost work income, pain and suffering damages are intangible and have no specific monetary value. Naturally, this raises the question: How is compensation for pain and suffering calculated in personal injury lawsuits in Tennessee?
What Counts as Pain and Suffering?
“Pain and suffering” refers to the entire range of pain and psychological distress one can experience after sustaining an injury. The term encompasses both the physical pain and discomfort from injuries as well as the emotional and mental suffering that can accompany them, often requiring ongoing care like physical therapy after an accident to help victims heal and regain mobility. Below are examples of pain and suffering commonly experienced after injuries:
- Chronic pain from joint injuries
- Intense migraines and headaches after a concussion
- Permanent paralysis from spinal cord injury
- Physical discomfort from heavy scarring or disfigurement
- Loss of convenience due to limitations on daily activities
- Emotional distress from losing the ability to engage in hobbies
- Depression and PTSD from reliving a traumatic experience
- Feelings of shame or humiliation due to a changed appearance
- Sleeping difficulties or insomnia due to anxiety
- Intense fear or phobias
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Methods for Calculating Pain and Suffering Compensation in Tennessee
Tennessee has no statutorily defined method for calculating pain and suffering. So, reporting an accident to insurance companies and lawyers typically uses one of two methods to arrive at a value for the intangible losses associated with a claim: the multiplier and the per diem methods. (These methods of calculation do not bind courts.)
Multiplier Method
With the multiplier method, the court will multiply the total amount of economic compensation by a specific number, typically between 1.5 and 5. The multiplier number depends on the severity of the pain and suffering. For example, imagine your total economic losses are $100,000, and the multiplier is 1.5. In this case, total compensation would be $150,000 ($100,000 x 1.5).
The point of the multiplier method is to calculate pain and suffering compensation proportional to your economic losses. The exact value of the multiplier depends on several features, including injury severity, the offender’s degree of fault, and lifestyle impacts. Your attorney can argue for a higher multiplier to reflect your pain and emotional distress accurately.
Please read more about attorney’s fee settlement here: Understanding Lawyer Fees in Personal Injury Settlements.
Per Diem Method
When the per diem method calculates pain and suffering compensation, the insurer or lawyer assigns a daily (per diem) monetary value to your pain, suffering, and mental distress. That daily rate is multiplied by the days you experience pain and suffering. If your daily suffering is valued at $200 and you experienced pain and suffering from the accident for one year, your total compensation for pain and suffering would be $73,000 ($200 per day x 365 days).
The daily rate is often based on the wages a person earns daily. The total reached through this calculation is added to the value of your economic losses for the compensation your lawyer would demand to conclude your case.
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How Pain and Suffering Fit into a Personal Injury Claim
The consequences of a serious injury are more than just financial. Injuries can impact every facet of your physical, mental, and social existence and significantly reduce your quality of life. Pain and suffering money will compensate you for the intangible losses you incurred. A settlement or award for pain and suffering is separate from the money you receive for your economic losses—such as lost wages, medical bills, and property damage—but it’s still part of what a personal injury claim duty involves: making sure all aspects of your harm are accounted for and addressed fairly.
However, the intangible nature of pain and suffering means that proving your losses in court can be difficult. Recovering pain and suffering compensation requires evidence demonstrating the impact of your injuries on your life. Valuable evidence for this purpose includes:
- Personal testimony and journal entries about your daily routine, limitations, and pain
- Psychiatric records or counseling notes attesting to your mental state
- Expert testimony from mental health professionals
- Eyewitness statements from families, friends, and acquaintances
Proving losses from pain and suffering is more of an art than a science, especially if a case goes to a jury trial. Getting a jury to empathize with your experiences and suffering appeals to their moral conscience. A common tactic is for attorneys to ask juries how much money they would pay to end their unwilling suffering. Questions like these help juries contextualize your suffering and appeal to their empathy to help them assign a value to your pain and suffering.
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Does Tennessee Cap Pain and Suffering Compensation in Personal Injury Cases?
Tennessee is one of eleven states that caps pain and suffering compensation in personal injury lawsuits, although there are some exceptions to these limits. T.C.A. 29-39-102(a)(1) places a general cap of $750,000 on noneconomic damages in personal injury lawsuits, including pain and suffering compensation. However, this cap is raised to $1 million in catastrophic loss or injury cases. The term devastating loss or injury includes any of the following:
- Spinal cord injury resulting in paraplegia or quadriplegia
- Amputation of two hands or two feet/one of each
- Third-degree burns over more than 40 percent of the body or 40 percent of the face
- The wrongful death of a parent that leaves a surviving minor
Tennessee courts will also completely remove the cap on pain and suffering compensation if any of the following are true:
- The offender intentionally harmed the victim.
- The offender falsified or destroyed evidence to avoid liability.
- The offender caused the injury while under the influence of alcohol or drugs.
- The offender was convicted of a felony for the actions that caused the injury.
We Can Pursue Pain and Suffering Compensation for Your Injuries
Recovering pain and suffering compensation requires an accomplished attorney who can use evidence and argumentation to prove your losses. Suppose you have questions about pain and suffering settlements and compensation. Contact Gatti, Keltner, Bienvenu & Montesi online or call (901) 526-2126 to speak to a personal injury attorney in Tennessee. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits with free consultations.
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April 19, 2024
