Columbus Personal Injury Lawyer » What Is The Liability Limit For Personal Injury Claims in Tennessee?
When it comes to personal injury claims, there are often a lot of questions surrounding things like liability, the statute of limitations, and damage caps. This information can vary from state to state, and it can genuinely be a confusing topic for anyone dealing with a personal injury claim for the first time.
Below, we take a quick look at questions like what is liability for personal injury and what the liability limits are in Tennessee.
For those who may be unfamiliar, let’s first understand what liability is for personal injury cases. Liability is essentially a legally enforceable claim that can be made against another person or group, such as a company or organization.
When another person or group is liable for personal injuries to a victim, they can be held financially responsible for injuries and losses that have been sustained. That financial responsibility is typically reflected in any damages that the victim is awarded during the personal injury claims process.
Personal injury cases will usually involve negligence claims, where you and the Nashville personal injury lawyer you work with will need to prove negligence on the part of the liable party.
Proving negligence involves proving these four elements:
Proving negligence on the part of the liable party is a key part of any personal injury claim. A Nashville personal injury lawyer can provide you with expert insight and legal representation during the claims process.
Before we get to the liability limit for personal injury claims in Tennessee, let’s briefly discuss what the statute of limitations is. A statute of limitations is a legal deadline that an individual has in which to file a claim.
The statute of limitations for personal injury claims in Tennessee is one year, as outlined in TN Code § 28-3-104 (2021). That means that you have one year from the date of the accident to file a claim or lawsuit against the person who is responsible for your injuries. This deadline applies to personal injury claims that involve car accidents, medical malpractice, premises liability, and wrongful death.
There are limited exceptions to this statute of limitations. For example, if you suffer injuries due to a defective product, you have up to six years in which to file a claim. But in most cases, it is in your best interest to file in a timely manner. If you miss the deadline, you may miss the opportunity to seek fair compensation from the liable party.
We recommend consulting with a Nashville personal injury lawyer to ensure that your claim meets all the necessary deadlines.
In Tennessee, the liability limit for personal injury claims differs depending on the type of damages we are talking about as defined in TN Code § 29-39-102 (2014).
When it comes to economic damages, there is currently no damage cap as of 2023. Economic damages compensate victims of personal injury claims for monetary losses that they incur from their accident. These include things like:
However, there are liability limitations on non-economic damages and punitive damages. In Tennessee, the liability limit on non-economic damages is the amount of $750,000. The only exception to this cap is in cases where a victim has suffered catastrophic injuries. In those instances, the cap is raised to $1 million.
The liability limit on punitive damages is capped at $500,000 or twice the amount of any economic damages awarded — whichever amount is found to be greater.
If you or a loved one has been involved in an accident caused by the negligence of another, please do not hesitate to reach out to Heit Law, LLC. Sustaining a personal injury can be a devastating experience across the board, leaving you with unexpected injuries, financial losses, and more. We are here to help provide you with legal guidance and representation as you seek fair compensation from the liable party.
Corey Heit, founder of Heit Law and experienced Nashville personal injury lawyer, applies his years of experience to each case that he takes on. He will work to recover fair compensation on your behalf while you focus on your recovery.
To connect with him, please contact our Nashville office over the phone at 615-962-3000 or through online means.
2600 Corporate Exchange Dr #109Columbus, OH 43231 Phone: 614-898-5300 Toll Free: 877-898-HEIT
555 Marriott Dr Suite: 315Nashville, TN 37214, USA
Phone: 615-962-3000