Damages in Personal Injury Cases

June 9, 2012

Jury Trials In Nashville, Tennessee Circuit Court in April 2012

Here are the results for civil jury trials that occurred in the Circuit Court for Nashville and Davidson County, Tennessee in April, 2012.

The phrase "civil jury trials" includes jury trials in all cases except criminal cases. The statistics do not include jury trials that may have taken place in the Chancery Court for Nashville and Davidson County, Tennessee. Personal injury and wrongful death trials rarely take place in Chancery Court.

There were 8 civil jury trials in Davidson County in April, 2012.

May 9, 2012

Jury Trials in Nashville, Tennessee Circuit Court in March 2012

by The Law Offices of John Day, P.C.

There was a relatively large number of jury trials in the Circuit Court for Davidson County (Nashville), Tennessee in March, 2012. Here are the results

Automobile Cases

Plaintiff awarded $8248
Plaintiff found 50% at fault and case dismissed (2 cases)
Defense verdict.
Plaintiff awarded $5000

Health Care Liability Cases

April 5, 2012

Nashville and Davidson County, Tennessee Jury Trial Statistics for February, 2012

by The Law Offices of John Day, P.C.

The Circuit Court Clerk’s Office has released the data concerning tort jury trials in Nashville and Davidson County for February, 2012. "Tort" cases are civil lawsuits involving injuries, death or other losses from automobile accidents, truck crashes, fall-downs, medical malpractice, dog-bites, and any other type of event that causes injury or death

Only four tort cases were tried to juries in the entire month, and three of them were medical malpractice (now called "health care liability") cases. One of those cases was settled after jury selection and opening statements – the amount of the settlement was not disclosed. One health care liability case resulted in a mistrial and the other resulted in a verdict for the health care providers.

The only other trial was a personal injury case. The Court directed a verdict for the defense in that case, and thus a jury was not permitted to decide it.

March 12, 2012

Nashville Personal Injury Trial Jury Verdicts for January 2012

by The Law Offices of John Day, P.C.

There were only four personal injury jury trials in Nashville (Davidson County) Tennessee in January 2012.

One of the cases was a medical malpractice (health care liability) case. The case resulted in verdict the defendant health care provider.

Another jury trial was a malicious prosecution case. Once again, a jury verdict for the defense was entered.

February 9, 2012

Is There A Limit on Damages in Leg Amputation Cases in Tennessee?

by The Law Offices of John Day, P.C.

My wife lost her leg is a bus accident last month. Does Tennessee law impose any limit on the damages she can recover from the negligent party?

There is no limit on the damages can recover for medical expenses or loss of earning capacity that arise as a result of the loss of the leg. However, if the wreck occurred on or after October 1, 2011, there is a limit on the damages she can recover for pain, suffering, disfigurement, and loss of enjoyment of life – referred to by the Legislature as "non-economic damages." That limit is $750,000.

The Legislature has determined that no person can recover non-economic damages in excess of $750,000 unless the injury is "catastrophic" or the falls within a narrow class of exclusions (for example, the defendant was under the influence of alcohol). The amputation of a single limb is not considered a catastrophic loss by the Tennessee General Assembly. You have to have at least two amputated limbs for the injury to be determined "catastrophic" and even then non-economic damages are limited to $1,000,000.

January 31, 2012

Is There A Limit on Damages On Brain Injury Cases in Tennessee?

by The Law Offices of John Day, P.C.

My sister received a significant head injury in an automobile wreck caused when a truck crossed the centerline of a road in Tennessee. Is there a limit on the damages she can recover in the case?

There is no limit on the damages she can recover for medical expenses or loss of earning capacity. However, if the wreck occurred on or after October 1, 2012, there is a limit on the damages she can recover for pain, suffering, disfigurement, and loss of enjoyment of life – referred to by the Legislature as "non-economic damages." That limit is $750,000.

The Legislature has determined that no person can recover non-economic damages in excess of $750,000 unless the injury is "catastrophic" or the falls within a narrow class of exclusions (for example, the defendant was under the influence of alcohol). Shockingly, a brain injury is not considered a catastrophic loss by the Tennessee General Assembly. Even if an injury is determined to be catastrophic non-economic damages are limited to $1,000,000.

January 25, 2012

Parent’s Right to Damages For Injury to Child in Automobile Crash

by The Law Offices of John Day, P.C.

My son was seriously injured in a auto accident. What rights do I have as his parent in a lawsuit against the person who caused the wreck?

You have the right to recover medical expenses that you paid or were paid by your insurance company. (You almost certainly have to repay your health insurance company out of the settlement or judgment.) You can also recover damages for loss of services of your child.

Under Tennessee law, you cannot recover damages loss of the relationship between you and your child because of the injuries or for your emotional distress at seeing your child deal with his injuries.

December 14, 2011

Is There A Limit on Damages For Pain and Suffering In Tennessee Personal Injury Cases?

by The Law Offices of John Day, P.C.

For Tennessee personal injuries occurring on or after October 1, 2011, damages for pain, suffering, loss of enjoyment of life, disfigurement, and all other intangible losses are limited to $750,000.

There are a couple of exceptions for certain defined "catastrophic" losses, such as spinal cord injuries resulting in paraplegia and quadriplegia, significant burn injuries, and two or more limb amputations in a single incident. In these cases damages for pain, suffering, etc. are limited to $1,000,000.

There is not an arbitrary limit on such damages for injuries that occurred before October 1, 2011.

December 12, 2011

Jury Trials in Nashville, Tennessee Circuit Court in October 2011

by The Law Offices of John Day, P.C.

Here are the results from the jury trials in Nashville, Davidson County, Tennessee Circuit Court in October 2011:

Health Care Liability ( Medical Malpractice)

– 3 trials, two defense verdicts, one hung jury

Slip and Fall

– Settled after 6 days of trial

November 26, 2011

Number of Personal Injury And Wrongful Death Trials In Tennessee State Court

by The Law Offices of John Day, P.C.

Here is a list of the number of jury trials in personal injury, wrongful death and other tort law trials in Tennessee for the fiscal year ended June 30, 2010 (the most recent year for which data is available):

Davidson County – 34

Montgomery County – 13