Did Tort Reform Impact Compensatory Damages?
The short answer is: yes. In 2011, Tennessee passed tort reform legislation which impacted compensatory damages in several key ways. First, compensatory damages are now classified as either economic or non-economic. Economic damages are damages whose monetary value can easily be ascertained. Examples of economic damages are medical bills, lost wages, etc. Non-economic damages are damages which do not automatically have a set value. Instead, the value is left to the discretion of a jury or judge. Examples of non-economic damages are pain and suffering, disfigurement or scarring, the loss of enjoyment of life, etc.
Importantly, the new legislation limits the amount of non-economic damages that can be awarded. Before the legislation, a jury or judge could award damages in whatever amount they felt was warranted by the evidence presented at trial (subject to judge and appellate review). Now, non-economic damages have been capped at $750,000 for most cases. In rare situations, non-economic damages are capped at $1,000,000.
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More Compensatory Damages Information:
- Compensatory Damages
- Am I Entitled To Receive Prejudgment Interest For My Compensatory Damages?
- Are There Any Limits On The Amount Of Compensatory Damages I Can Recover Against The State of Tennessee?
- Can You Give Me An Example Of How Tort Reform Affects Compensatory Damages?
- How Does The Jury Determine The Amount Of Compensatory Damages In My Case?
- What Is Subrogation And How Will It Affect My Recovery Of Damages?