If you take a personal injury case to court and the judge rules in your favor, then you can expect to get damages. Damages are the money the judges orders the other person to pay you. However, there is a Tennessee law that puts limits on how much money you can receive. You may think this is not fair, and a circuit court agrees with you.
In a circuit court ruling, according to the Tennessean, a judge stated that the cap on damages is unconstitutional. The law in question addresses unquantifiable costs. These are things where there is no set value. It could be payments for pain and suffering or trauma. The cap placed by the law is $750,000. This applies to civil liability and health care liability cases. One important note about the law is that the cap is not in place if the incident causing the injury resulted in a felony conviction for the defendant.
The basis for this ruling is that it throws out any verdict from a jury in cases where a jury finds damages to be more than the maximum amount. In addition, it causes hardship for those who suffer catastrophic injuries where costs can add up quickly. This not the first challenge to the law, though. There was an unconstitutional ruling on the cap on punitive damages as well in a circuit court.
The difference is that the Tennessee Supreme Court will hear arguments about the non-economic damages cap. This could lead to actual changes in the law moving forward in 2020. This information is for education and is not legal advice.