What Compensation Can Tourists Recover After An Injury in Nashville?
If you have been injured while exploring Tennessee, you may be eligible to recoup losses related to your accident or personal injury. A personal injury victim may suffer physical, financial, and emotional losses. These losses, or damages, can impact a person’s quality of life as well as their bank account. No matter, damages are designed to make an accident victim “whole” again. If a defendant’s actions are particularly egregious or reckless, you may be entitled to punitive damages. If you or a family member has recently sustained a personal injury, our Tennessee personal injury attorneys at Raybin & Weissman would like to speak with you.
Economic Damages
Direct financial losses that directly impact a person’s checking account are known as economic damages. Since economic damages have a price tag attached, they can be easily calculated. Common economic damages following a tourist injury include hospitalizations, surgeries and/or treatments, physical therapy, prescription costs, and lost wages. In situations where a personal injury victim experiences long-term or permanent disability, loss of future earnings, and future medical expenses (such as home modifications or future surgeries) will also be considered. There is no cap on economic damages.
Non-Economic Damages
Although you can recover the full extent of economic damages under the law, the state of Tennessee limits non-economic damages. Non-economic damages are any intangible losses that are not easily quantifiable. Examples of non-economic damages include pain and suffering, infliction of emotional distress, and permanent disability. Tennessee law implements a $750,000 cap per injured plaintiff, which is raised to a $1 million for any plaintiff who sustains catastrophic injuries. State law defines a catastrophic injury to mean either paraplegia, quadriplegia, amputation of both hands or both feet (or one of each), or severe burns. Both economic and non-economic damages are collectively referred to as compensatory damages.
Punitive Damages
If a defendant’s actions were malicious, intentional, fraudulent, or reckless, you may be able to recover punitive damages. Punitive damages are intended to punish the wrongdoer and to dissuade the rest of society from similar behavior. It is rare for the court to award punitive damages. Punitive damages require that you meet a higher standard of proof, known as the clear and convincing evidence standard. Clear and convincing evidence means that you must show that the facts you present are highly and substantially more likely to be true rather than untrue.
If you seek punitive damages in Tennessee, your trial will be bifurcated into two proceedings (the first phase determining liability for compensatory damages and the second phase to determine eligibility for a punitive award). Tennessee Code §29-39-104 limits punitive damages to twice the amount of compensatory damages (economic and non-economic damages), or $500,000. This can be cap waived if the defendant intended to cause serious physical injury and did so. If you believe you may be entitled to punitive damages, you should speak to our personal injury team.
Consult with Our Tennessee Personal Injury Attorneys
Touring a new city is all about exploring the sites and popular attractions. A lovely day can be cut drastically short by an injury or accident, leaving you with a looming stack of medical bills. Thankfully, our Tennessee personal injury lawyers are here to provide the legal guidance you need to make a full financial recovery. To schedule your free consultation with a member of our legal team, contact Raybin & Weissman online or by calling (615) 256-6666 at your earliest convenience.