When you suffer a personal injury due to someone else’s negligence or recklessness, you are entitled to compensation for your medical bills, lost wages, and pain and suffering. Tennessee’s personal injury laws provide several avenues for you to pursue your case, but one of the most effective is equitable restitution. This compensation model ensures that you are paid not only for the actual damages you suffered, but also for the emotional and psychological impact of the injury.
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What Is Equitable Restitution?
Equitable restitution is a personal injury compensation model that is unique to Tennessee. It takes into account not only the actual damages you suffered as a result of your injury, but also the emotional and psychological impact of the injury. This includes things like pain and suffering, emotional distress, and loss of enjoyment of life. Equitable restitution differs from strict restitution, which only compensates you for your actual damages.
How Does Equitable Restitution Work in Tennessee?
Under Tennessee law, equitable restitution can be awarded by a court or a jury in a personal injury case. To receive equitable restitution, you must prove that you suffered both actual damages and non-economic damages. Actual damages refer to the quantifiable costs of your medical treatment, lost wages, and other expenses related to your injury. Non-economic damages refer to the pain and suffering, mental anguish, and other intangible effects of your injury.
When awarding equitable restitution, a judge or jury can consider several factors, including the severity of your injury and its impact on your life, the duration and extent of your medical treatment, and the likelihood of future medical complications. The court may also consider the impact of your injury on your ability to work, participate in recreational activities, and enjoy relationships with friends and family.
How Much Equitable Restitution Can You Receive?
The amount of equitable restitution you can receive in a personal injury case depends on the nature and extent of your injuries. Tennessee does not place a cap on the amount of non-economic damages you can recover in a personal injury case. However, you should note that the state does have a statute of limitations on personal injury claims. In most cases, you must file your claim within one year of the date of the injury.
How to Pursue Equitable Restitution in Tennessee
If you have suffered a personal injury in Tennessee, you should consider pursuing equitable restitution as part of your compensation. To do so, you should consult with an experienced personal injury attorney who can advise you on your options, help you gather evidence to support your claim, and guide you through the legal process.
In order to pursue equitable restitution, you will need to file a personal injury lawsuit against the person or entity responsible for your injury. The lawsuit will typically seek damages for both actual and non-economic damages. The defendant will have the opportunity to respond to your lawsuit and may try to negotiate a settlement before the case proceeds to trial. If a settlement is not reached, the case will be decided by a judge or a jury.
Conclusion
Equitable restitution is an important and unique part of Tennessee’s personal injury laws. It allows injury victims to receive compensation not only for the actual damages they suffered, but also for the emotional and psychological effects of the injury. If you have suffered a personal injury in Tennessee, you should consider pursuing equitable restitution as part of your compensation. Consult with an experienced personal injury attorney who can guide you through the legal process and help you maximize your recovery.