Personal injury victims often endure both physical pain and emotional suffering as a result of their accidents. The physical pain may encompass the immediate trauma and ongoing discomfort, while emotional suffering can include anxiety, depression, and the psychological impact of the incident. Fortunately, these damages can be compensated by filing claims against at-fault parties.
Pain and suffering calculations in Tennessee are determined based on several key factors such as the extent of a victim’s injuries, the impact on their daily life, and the duration of their pain. The process for quantifying these damages can be complex. Accordingly, assistance from our legal team can be very helpful when calculating and pursuing compensation for pain and suffering in your case.
Get support from our Tennessee personal injury attorneys at Howe Law by calling (844) 876-4357.
Factors Affecting Pain and Suffering Calculations in Tennessee
As previously mentioned, there are multiple factors that can affect pain and suffering calculations. After reviewing your case, our Murfreesboro, TN personal injury lawyers can determine how any of the following may impact your claim:
Nature and Severity of Injuries
The nature and severity of injuries are paramount when determining the extent of pain and suffering in a personal injury case. For instance, injuries such as fractures, spinal cord injuries, or traumatic brain injuries can lead to higher pain and suffering awards because of the significant and lasting physical and emotional toll they exact on the victim. On the other hand, minor injuries, like sprains or bruises, may result in comparatively lower pain and suffering compensation.
Medical Treatment and Documentation
The quality and thoroughness of your medical treatment and documentation significantly impact the calculation of pain and suffering. Comprehensive medical records, including detailed notes on the extent of your injuries, diagnostic tests, and expert medical opinions, can provide a clear and compelling picture of the pain and suffering you’ve endured because of the injury. Such documentation can serve as a critical piece of evidence in your personal injury case.
Duration of Pain and Suffering
The duration of pain and suffering resulting from your injuries is another crucial factor in determining compensation. Prolonged suffering, such as chronic pain, often leads to higher compensation because it reflects the enduring and debilitating impact on your life. When pain and suffering persist over an extended period, it can have a profound influence on the compensation you may be entitled to.
Impact on Daily Life and Activities
The extent to which your injuries disrupt your daily life and activities plays a pivotal role in pain and suffering calculations. If your injuries have a significant impact on your ability to work, engage in hobbies, or maintain relationships, it may result in a more substantial pain and suffering award. This is because it recognizes the profound changes in your quality of life as a result of the accident.
Emotional Distress
Emotional distress caused by the accident and resulting injuries is also taken into account when calculating pain and suffering. Conditions such as anxiety, depression, and post-traumatic stress disorder (PTSD) can have a substantial impact on your overall well-being and daily life. Therefore, they are considered when determining the compensation you deserve for your pain and suffering.
Pre-existing Conditions
Pre-existing medical conditions can complicate the evaluation of pain and suffering. The law considers whether your injuries have exacerbated existing conditions or caused new, unrelated suffering. If the accident exacerbated pre-existing conditions, it can be challenging to differentiate the new suffering from the existing issues. This is where expert legal guidance becomes essential to ensure a fair assessment of your pain and suffering.
Understanding Pain and Suffering Damages in Tennessee
Understanding pain and suffering damages in Tennessee is essential for anyone pursuing a personal injury claim. Thankfully, our legal professionals can provide insight into the concept of pain and suffering damages, their scope, and the potential limitations on their recovery.
The Concept of Pain and Suffering Damages
Pain and suffering damages, often referred to as non-economic damages, are a key component of personal injury compensation in Tennessee. These damages aim to provide compensation for the physical and emotional distress endured as a result of an injury, going beyond measurable financial losses.
Scope of Pain and Suffering Damages
Pain and suffering damages encompass a wide range of physical and emotional hardships, including the actual physical pain experienced and the emotional distress such as anxiety, depression, or post-traumatic stress resulting from the incident. The extent of these damages varies from case to case, making the presentation of a strong case and evidence crucial.
Absence of Specific Statutory Caps
In Tennessee, there are no specific statutory caps on pain and suffering damages. This means that the compensation awarded can be determined by the specific circumstances of the case and the effectiveness of legal representation. Building a compelling case with strong evidence, including medical records, expert testimony, and witness statements, is essential to recover the maximum amount of pain and suffering damages available to you.
Impact of Comparative Fault
There are situations where personal injury victims may share blame for their accidents. For example, someone who slips and falls on a loose rug may share fault for the accident if they were wearing shoes with worn tread at the time.
Fortunately, if you share fault for your accident, then you may still recover damages for pain and suffering from the at-fault party. However, the amount of compensation you are awarded will be limited.
Courts in Tennessee abide by the doctrine of modified comparative fault when awarding damages in personal injury cases. In other words, payment is apportioned based on parties’ percentages of blame. For example, if you are 20% responsible for your accident while the other party is 80% at fault, then they will have to pay for 80% of your damages while you must account for the remaining 20%.
It is important to note that if you are deemed over 50% to blame for your accident, then you will be unable to recover any damages from another party.
Call Our Personal Injury Attorneys for Assistance with Your Case in Tennessee
Get help from our Nashville, TN personal injury attorneys at Howe Law by dialing (844) 876-4357.
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