In a personal injury lawsuit, a plaintiff can seek to recover both economic and noneconomic damages. Noneconomic damages are intended to compensate victims for the intangible yet very real consequences of an injury. Unlike economic damages, which cover quantifiable costs like medical bills and lost wages, noneconomic damages address the subjective suffering that accompanies a traumatic event. Very often, they can far exceed the compensation for economic losses. However, establishing them requires specific proof.

Non-economic damages cover various types of suffering that aren't easily quantified in monetary terms. These include:

  • Pain and suffering — This refers to both the physical pain caused by injuries and the associated emotional distress.

  • Emotional distress — This encompasses feelings of anxiety, depression, embarrassment and other psychological effects resulting from the incident.

  • Loss of enjoyment of life — This includes situations where individuals can no longer engage in hobbies or activities that used to bring them happiness.

  • Loss of consortium — This claim is often made by the spouse of an injured person, reflecting the loss of companionship, affection and closeness.

Plaintiffs’ attorneys substantiate these damages by presenting subjective evidence. This can be in the form of testimony from the plaintiff, their family, friends and even co-workers, who can speak to the dramatic changes in the victim's life post-accident. Expert witnesses such as psychologists and other mental health professionals can also be called to speak of the emotional and psychological toll of the injuries. Jurors are directed to evaluate this evidence based on their own judgment and experience and thereby to quantify a damages figure.

Defense attorneys use varied tactics to try to undercut these claims. They may portray the plaintiff as exaggerating symptoms or malingering. They usually delve into the plaintiff's past, looking for any pre-existing conditions or life events that could be blamed for their current emotional state. They might also look at social media posts or other evidence that the plaintiff’s life activities have not been inhibited post-accident. Their goal is to create doubt in the minds of the jury about the true extent of the plaintiff's suffering.

In Tennessee, there have been caps on noneconomic damages in personal injury cases since 2011. As of 2025, the basic cap remains $750,000, though it increases to $1,000,000 for catastrophic injuries, such as those resulting in paralysis or the amputation of two hands, two feet or one of each. There are a few exceptions. Virginia has no such caps on damages caused by car accidents or trip & fall injuries.

In its 2025 session, the Tennessee legislature considered a bill, HB0005, which would have doubled the basic cap to $1.5 million and the cap for catastrophic injuries to $2 million. However, the measure never passed. 

If you have been seriously hurt in an accident, the attorneys at Massengill, Caldwell & Coughlin, P.C. in Bristol will strive to obtain the financial compensation you need and deserve. We represent clients throughout the Tri-Cities area of Tennessee and Virginia. Call today at 423-797-6022 or contact us online and schedule a free initial consultation.