If you’ve been injured due to someone else’s negligence—whether in a car crash, slip and fall, or other incident—you may be entitled to compensation. But not all compensation looks the same. In Tennessee, understanding the types of damages in a personal injury claim is critical to knowing what you may recover and how your case is valued.
At The Higgins Firm, we help clients pursue fair and full compensation after serious injuries. Below, we break down the different categories of damages you may be eligible for under Tennessee law and how they apply to your case.
What Are Damages in a Personal Injury Case?
Legally, “damages” are the financial compensation granted to someone who has suffered harm due to another party’s actions or negligence. These damages aim to restore the victim—as much as possible—to the position they were in before the injury.
There are three primary types of damages in a personal injury claim in Tennessee:
- Economic (or compensatory) damages
- Non-economic damages
- Punitive damages
1. Economic Damages
Economic damages represent clear, quantifiable financial losses that stem directly from the injury.
These are often supported by documents such as bills, pay stubs, and receipts.
Examples include:
- Medical expenses: Hospital stays, surgeries, medications, physical therapy, and future medical costs
- Lost wages: Income lost due to time off work, including sick days and vacation
- Loss of future earning capacity: If your injury affects your long-term ability to work
- Property damage: Repair or replacement of damaged personal property, such as a vehicle
- Out-of-pocket expenses: Transportation costs, home care, and medical equipment
Because these damages are financial in nature, they’re typically easier to calculate. However, presenting thorough documentation is key to recovering the full amount you’re owed.
2. Non-Economic Damages
Non-economic damages compensate for losses that don’t come with a clear price tag. Although these damages are not easily measured, they carry significant weight and are equally important.
Examples include:
- Pain and suffering: Refers to the physical pain and emotional anguish a person experiences as a result of the injury.
- Emotional distress: Anxiety, depression, PTSD, and other psychological effects
- Loss of enjoyment of life: Inability to participate in hobbies, sports, or social activities
- Loss of companionship or consortium: Impact on relationships, particularly in cases of serious injury or wrongful death
Although non-economic damages are harder to quantify, they reflect the real-life impact an injury has on your well-being. In many cases, these can make up a significant portion of a settlement or verdict.
When discussing the types of damages in a personal injury claim, non-economic damages often require strong testimony, medical evaluations, and narratives that explain how the injury has affected your daily life.
3. Punitive Damages
Punitive damages differ from economic and non-economic types, as they are meant to punish the wrongdoer rather than reimburse the victim.Instead, they are designed to punish the defendant and deter similar behavior in the future.
In Tennessee, punitive damages are only awarded when the at-fault party acted with:
- Intentional misconduct
- Fraud
- Malice
- Reckless disregard for the safety of others
Examples may include drunk driving accidents or cases involving gross medical negligence.
Tennessee law caps punitive damages at two times the amount of compensatory damages or $500,000, whichever is greater, except in rare circumstances. While not awarded in every case, punitive damages can apply when the conduct was particularly harmful.
How Are Damages Calculated?
Calculating the types of damages in a personal injury claim depends on many factors, including:
- Severity of the injury
- Recovery time
- Impact on future employment
- Age and health of the injured person
- Evidence supporting pain and suffering
- Insurance policy limits
Economic damages are typically totaled using medical bills, wage statements, and evaluations. Non-economic damages are more subjective and often depend on how clearly you can demonstrate the impact of the injury.
An experienced legal team can help ensure all damages—especially non-economic ones—are fully considered in your claim.
Special Considerations in Tennessee Personal Injury Cases
Tennessee has specific laws that impact how damages are awarded:
Modified Comparative Fault
If you’re determined to share some responsibility for the accident, your compensation could be decreased. However, if your level of fault exceeds 50%, you won’t be eligible to recover any damages.
Damage Caps
Tennessee limits non-economic damages to $750,000 in most personal injury cases, and $1 million in catastrophic injury cases (such as paralysis or loss of limbs).
These laws directly affect the types of damages in a personal injury claim, and it’s important to understand how they apply to your situation.
How to Maximize Your Recovery
To recover the full range of damages you’re entitled to, consider these steps:
- Get medical care right away and make sure to adhere to your physician’s advice and treatment plan.
- Document everything – medical visits, pain levels, how the injury affects your life
- Hold on to all receipts and records of costs associated with your injury.
- Avoid posting about your injury on social media
- Speak with a personal injury attorney to evaluate and protect your claim
At The Higgins Firm, we know how to assess the full value of your case, including all applicable types of damages in a personal injury claim, and build a strong case on your behalf.
Final Thoughts: Know What You’re Entitled To
Understanding the types of damages in a personal injury claim can make a major difference in your financial and emotional recovery. From medical bills and lost income to pain and suffering, each type of damage plays a role in restoring your life after an injury.
At The Higgins Firm, we are committed to helping injury victims across Tennessee pursue the compensation they deserve. If you’ve been hurt and are unsure what your claim may be worth, contact us today for a free consultation.