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Are You Entitled To Compensation for Pain and Suffering?

If you’re injured in Tennessee as the result of a vehicle accident, a dog bite, a slip and fall, a

trip and fall or other type of accident, you’ll likely be entitled to compensation for pain and


These damages fall into the category-of non-economic damages which under Tennessee law include the following:

  • Physical and emotional pain
  • Suffering
  • Disfigurement
  • Mental anguish
  • Emotional distress
  • Loss of society, companionship and consortium
  • Loss of enjoyment of normal activities, as well as other ordinary pleasures and benefits of life
  • Loss of mental or physical health, well being or bodily functions

Limits on Non-economic Damage Awards

Tennessee does limit the amount of pain and suffering awards. For most injuries there is a cap of $750,000 for such compensation. In cases of catastrophic injury, the cap is extended to $1 million. The cap no longer applies if the defendant acted intentionally, concealed or destroyed evidence,  was under the influence of drugs, alcohol or other substance, or the defendant’s actions resulted in a felony conviction.

Non-economic damages generally do not apply in property damage cases.

Tennessee’s Modified Comparative Fault Rule

Tennessee utilizes a modified comparative negligence system. This limits the liability of defendants, but also enables injured parties to recover damages for their losses. The rule allows only parties who are less than 50% at fault for their own injuries to recover damages.

Time Limit for Filing A Claim

Tennessee ‘s statute of limitations sets a time limit to file a case in the state’s court system.   after an accident or injury. The state has a relatively short time limit for pain and suffering claims resulting from personal injury— your case must be settled or a lawsuit filed within one year of the date of the accident or your claim will be barred.

With such a short deadline for filing a claim, it’s important to have the assistance of an           experienced attorney. Massengill, Caldwell & Coughlin, P.C. is a full-service law firm serving   the Tri-Cities of Bristol, Kingsport and Johnson City and citizens of the greater Upper East.  Tennessee and Southwest Virginia region. Our attorneys have extensive experience in all.     aspects of personal injury cases and we are equipped to provide customized solutions and.  reliable results which best suit your individual needs.

For more information and guidance on making an injury claim, contact a Bristol personal injury attorney. Call Massengill, Caldwell & Coughlin, P.C. today at 423-797-6022 to schedule your free initial consultation, or contact us online.

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  • Bristol Office
    777 Anderson Street
    Bristol, Tennessee 37620
    Phone: 423-797-6022
    Fax: 423-764-1179
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  • "Attorney Carter Massengill is hands down one of the most trustworthy and genuine individuals you will ever meet. Rest assured that you are in good hands and that he is going to do everything in his power to take the best care of you and your case, along with expediting the process as quickly as possible. It's rare that an attorney possesses such great attributes in the sense that he is easy to talk to and when he says he is going to get something done, he does it! His office staff is the best. They know their clients and have excellent communication skills. It helps when you are going through a difficult situation. They are a great team and you would be very fortunate to have them represent you! We were able to settle out of court for exactly what we were asking for and this was with me having pre existing pain from fibromyalgia. I am extremely blessed to have hired such a wonderful attorney."  -C.M.