How Are Pain and Suffering Calculated in a Tennessee Injury Settlement?

If you have been injured in an accident in Tennessee, you may face substantial medical bills, lost income, property damage, and other costs. However, an often overlooked damage is the physical pain and emotional distress that you endure. These non-monetary losses are important, so understanding how pain and suffering are calculated in an injury settlement is crucial in protecting your right to compensation. While there is no one clear answer to how courts or insurance providers calculate these damages, below are two of the most common methods. Read on and set up your free consultation with a skilled Memphis personal injury lawyer today.

How Are Pain and Suffering Calculated in a TN Injury Settlement?

There are two common methods used by insurers, lawyers, and courts to calculate pain and suffering. These are known as the multiplier method and the per diem method. There is no single formula that is required by law, so the outcome of these calculations is often negotiated based on evidence and severity.

• Multiplier method: When using the multiplier method, you must add up your total economic losses, like medical bills, lost wages, and more. This amount is then multiplied by a factor, generally ranging from 1.5 to 5, depending on the severity of the injury and your suffering. Incredibly severe accidents may warrant a 5, while 1.5 or 2 may make more sense for ones with minimal damage. The outcome of this multiplication equals the estimated non-economic damages for pain and suffering.
• Per diem method: Through the per diem method, a daily value is assigned based on the severity of the injury and how it has impacted your life. This dollar amount is then multiplied by the number of days that you have been affected or will be affected in the future.

You could also take a comparative approach, meaning examining the amount that similar cases have been settled or awarded in your area. This sets a precedent for a standard amount of non-economic damages that can then be adjusted for your particular circumstances.

Is There a Limit on Non-Economic Damages?

Some states, Tennessee included, place a cap on the amount of non-economic damages that can be awarded in a personal injury case. TN Code § 29-39-102 states that compensation for any non-economic damages is limited to $750,000 per injured individual. If injuries are catastrophic in nature, however, the cap is increased to one million dollars.

Under this law, a catastrophic loss of injury refers to one or more of the following.

• Spinal cord injuries resulting in paraplegia or quadriplegia
• Amputation of one or more hands or feet
• Third-degree burns covering 40% or more of the body
• Third-degree burns covering 40% or more of the face
• The wrongful death of a parent, leaving one or more surviving children for whom the deceased had lawful rights of custody or visitation

If you have questions or concerns about your rights regarding compensation for pain and suffering, do not hesitate to contact a skilled attorney at Ballin, Ballin & Fishman, PC today.