What is “Pain and Suffering”?

Woman pain and sufferingIf you’ve ever been injured or involved in a car, on a property, or on a train accident, you know that collateral damages can be quite devastating. Seeking compensation for a personal injury is a good way to recoup some of the damages accrued during the incident. You may also be entitled to receive compensation for the emotional or non-economic burdens acquired during the accident, otherwise known as “pain and suffering” damages.

Pain and Suffering in Tennessee

In Tennessee, personal injury law establishes that you may be able to receive pain and suffering compensation if your injury is the result of medical malpractice, a slip and fall, a car accident, a dog bite, defamation, and many other types of personal injury cases. Personal injury cases also have a limit on the amount of pain and suffering compensation that can be received. Typically, pain and suffering compensation caps off at $750,000. In more severe circumstances, the cap may be pushed to $1,000,000. The cap can be disregarded, however, if the negligent party is proven to have acted intentionally, tampered with evidence, was intoxicated, or committed a felony.

As with all legal cases, there exists a statute of limitations that dictates the amount of time someone has to file for pain and suffering compensation.  In personal injury cases, noneconomic damages must be filed within 1 year that the accident occurred. Property damage cases can be filed within 3 years of an accident. Construction, construction defect, and warranty breach cases can be filed within 4 years of an incident.

According to Tennessee’s negligence laws, individuals who are 49% or less at fault for their own injuries may file for pain and suffering damage compensation. Basically, this means that in Tennessee, it must be proven that a victim’s injury must be proven to be at least slightly more the result of another’s negligence than their own. Moreover, if a victim received $15,000 in their personal injury case and were proven to be 49% responsible for their own injury, they would receive $7,650 for pain and suffering damages.

While financial compensation can help ease the stress and trouble involved in a personal injury, money can sometimes fall short of the emotional damage an injury can cause. Depending on the severity of the injury, permanent damage to health and well-being can occur, affecting quality of life for years to come. While the compensation received during the personal injury case can cover medical bills and expenses, pain and suffering compensation give victims peace of mind during the recovery process. Knowing that financial issues are one less thing to worry about during this stressful time is priceless.

Contact Us

If you’ve been a victim of a personal injury due to the negligence of another party, contact our team of attorneys at Law Firm Memphis today. We are able to help you receive the compensation you deserve for your personal injury.