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Articles Posted in Damages in Personal Injury Cases

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Are There Caps on Damages in Personal Injury Cases in Tennessee?

I have a personal injury case that must be filed in Tennessee.  Are there any caps on damages in these cases?  Not under current law.  However, the Tennessee General Assembly has recently passed a law that the Governor is expected to sign that will cap non-economic losses in most cases…

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What Are the Categories of Damages That Can Be Recovered In a Personal Injury Case?

What types of damages can be recovered in a personal injury case?  In most personal injury cases, you can recover monetary damages for medical bills, past and future physical pain and suffering, past and future mental or emotional pain and suffering, loss of earning capacity, disability, lost capacity for the enjoyment…

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What Are Punitive Damages?

What are punitive damages?  How frequently are they awarded in Tennessee? Punitive damages are awarded only in cases where the defendant acted intentionally, knowingly, maliciously, or recklessly.   Punitive damages are designed to punish the wrongdoer and deter both the wrongdoer and others from similar conduct in the future.  …

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I Think I Am Under Surveillance

I have a pending personal injury claim from a wreck with a truck.  I think someone is following me around and photographing or videoing my activities.  Can insurance companies do that? Yes, within certain limits.  It is not uncommon for insurance companies to use surveillance to determine what task you…

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Can A Parent of an Adult Child File a Personal Injury Case for the Adult Child?

My 22-year old son was hurt in a car wreck.  Can I file a lawsuit for him?  No, unless he is so severely injured or suffers from some type of disability that he is deemed incompetent.  If he is incompetent, there are formal proceedings which must be filed to have…

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I Was Hurt By a Big Truck in Tennessee? What Damages May I Recover?

 I was hurt in a wreck with a big truck in Tennessee?  What damages are available in a trucking accident claim? Answer: In a personal injury cases, you can recover monetary damages for past and future medical bills incurred because of the injuries, past and future physical pain and suffering, past…

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Placing Caps On Damages in Medical Malpractice Cases Will Lower Doctor Malpractice Insurance Rates, Right?

I keep hearing that Tennessee doctors pay a lot of money for malpractice insurance and that if we limit the right of patients to bring lawsuits doctors will save money on insurance.  Is that right? There is no reason to believe that malpractice rates will be dramatically or even materially…

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