Suffering a personal injury is often a traumatic and life-changing event. The physical and emotional pain, medical bills, lost wages, and other expenses associated with personal injury can be overwhelming. If you or a loved one has sustained injuries due to someone else’s negligence or actions, you may be entitled to compensation under Tennessee law. In this article, we will discuss what compensation you can get for personal injury in Tennessee.
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Types of Personal Injury Compensation
In Tennessee, there are two main types of compensation available to personal injury victims – economic and non-economic damages.
Economic Damages
Economic damages refer to direct monetary losses you have suffered as a result of your injury. These damages are quantifiable and can be easily calculated based on bills, receipts, and other documentation. Compensation for economic damages may include:
Medical Expenses
Personal injury victims are entitled to compensation for all medical expenses related to their injury. This can include doctor’s bills, surgeries, hospital stays, physical therapy, and prescription medication.
Lost Income and Earning Potential
If you have been unable to work due to your injury, you may be entitled to compensation for lost wages. This includes not only the time you have already missed from work but also any future wages you would have earned had you not been injured.
Property Damage
If your personal property was damaged or destroyed as a result of your injury, you may be entitled to compensation for repairs or replacement.
Non-Economic Damages
Non-economic damages refer to less tangible losses you have suffered, such as pain and suffering, emotional distress, and loss of consortium. These damages can be more difficult to quantify, but are still a significant part of your overall compensation. Non-economic damages may include:
Pain and Suffering
Compensation for pain and suffering is meant to provide financial relief for the physical pain and discomfort you have experienced as a result of your injury.
Emotional Distress
A personal injury can cause significant emotional distress, including anxiety, depression, and post-traumatic stress disorder (PTSD). Compensation for emotional distress can help you cover the cost of therapy or other necessary treatments.
Loss of Consortium
If your injury has affected your relationship with your spouse, you may be entitled to compensation for loss of consortium, which is meant to provide financial relief for the loss of companionship, comfort, and assistance.
How Is Personal Injury Compensation Calculated?
The amount of personal injury compensation you are entitled to depends on a variety of factors, including the severity of your injuries, your medical expenses, and the extent of your lost income. Insurance companies and courts use a formula to calculate compensation, taking into account both economic and non-economic damages.
Multipliers
To calculate compensation for economic damages, insurance companies and courts will typically take the total amount of medical bills and lost income and multiply it by a factor between one and five. This factor, known as a multiplier, is based on the severity and long-term impact of your injuries.
Per Diem
To calculate compensation for non-economic damages, such as pain and suffering, insurance companies and courts will often use a per diem rate. This rate is based on a daily allowance, multiplied by the number of days you have suffered and will likely continue to suffer in the future.
Time Limits for Filing a Personal Injury Claim in Tennessee
In Tennessee, there is a statute of limitations for personal injury claims. This means you have a limited amount of time to file a claim before you can no longer pursue compensation. In most cases, the statute of limitations for personal injury claims in Tennessee is one year from the date of the injury.
Conclusion
If you have suffered a personal injury due to someone else’s negligence or actions, you may be entitled to compensation for your losses. This compensation can help cover the cost of medical bills, lost income, property damage, and other expenses associated with your injury. Consulting with a reputable personal injury attorney can help you understand your rights and options for pursuing compensation in Tennessee.