What Is the Average Pain and Suffering Settlement in TN?

Personal injury settlements raise a number of questions, especially about how much you may receive in damages following an accident caused by another’s negligence. And for individuals in Tennessee, where a total of 10,466 injuries were sustained due to car accidents in 2023, questions related to what the average pain and suffering settlement may be might be at the forefront of your mind.

These questions are important to answer following any type of accident where you have suffered injuries, not just car accidents. Below, we are going to take a closer look at what exactly the average pain and suffering settlement is and how pain and suffering is calculated.

What is Emotional Pain and Suffering?

Before we get into the details of settlement amounts, let’s first understand what emotional pain and suffering is. Pain and suffering covers a range of different things that fall under the mental and physical discomfort you may suffer after an accident. This includes:

• Emotional distress
• Disfigurement or scarring
• Mental anguish
• Loss of enjoyment of life
• Loss of companionship

As further defined by Cornell Law School, pain and suffering is any of the physical and mental discomfort that can be considered compensable as noneconomic damages.

What is the Average Pain and Suffering Settlement?

Now that we know what pain and suffering is, you’re probably wondering what the average pain and suffering settlement is in Tennessee. Unfortunately, we do not have a straightforward answer here.

There is no real average amount that we can point to in what you might expect to recover from a pain and suffering settlement. This is because each and every case is going to be very different from each other. The amount of pain and suffering damages you may be eligible for will vary based on the individual factors of your case such as:

• The severity of your injuries
• The types of injuries
• How permanent your injuries are
• The evidence available to support your case

These kinds of factors will all be taken into consideration when determining the amount of damages for your case, either through negotiation with parties like insurance companies or through a lawsuit.

What is the Value of Pain and Suffering?

As previously mentioned, the value of pain and suffering will really depend on the individual factors of your case.

Something to keep in mind is that there are certain things that may impact the overall amount of damages you may receive. For example, Tennessee does not have a cap on the amount of economic damages that someone may be awarded.

But as per state law, Tennessee does place a cap on the amount of noneconomic damages that can be recovered. That cap is set to $750,000 for personal injury claims, a limit that was recently upheld in a 2021 case.

For further insight into what the potential value of your personal injury claim might be, please consult with Corey Heit of Heit Law, LLC. With years of experience as a personal injury lawyer, Corey can look over the details of your case and provide you with specific guidance on your claim.

How Do You Calculate Emotional Pain and Suffering?

Calculating emotional pain and suffering can be a complicated process. Unlike when economic damages are calculated, pain and suffering does not usually have an easily definable financial impact.

The individual details of your emotional pain and suffering will be looked at, including evidence, your own notes related to the pain and suffering, and things like medical records from your doctors. The severity and types of injuries you sustain will also play a key part in how pain and suffering will be calculated.

How Do You Negotiate a Higher Pain and Suffering Settlement?

We always suggest working with a Nashville personal injury lawyer when it comes to negotiating for a higher pain and suffering settlement. Insurance companies give you a low settlement offer with the hope that you will accept. But we will be able to help ensure that all of your injuries and losses are covered in any settlement offer – including anything that falls under pain and suffering.

An experienced lawyer will be able to pursue every possible option in an effort to secure the maximum level of compensation that is available for your case. Whether you were bitten by a dog, injured in a car accident, or were involved in a truck accident caused by the negligent acts of another, a lawyer will be able to help in the negotiations.

Contact Heit Law, LLC for Help

Reach out to Heit Law, LLC today to schedule a free and fully confidential consultation today.