Tennessee Wrongful Death Damages Cap Increase | What Families Need to Know

When families face the unimaginable tragedy of losing a loved one due to someone else’s negligence, they often discover that Tennessee law places a rigid cap on their potential compensation. For over a decade, our state has limited noneconomic damages in wrongful death cases to $750,000 – a figure that hasn’t kept pace with inflation or the true value of a human life.

In this important interview with attorney Jim Higgins, we explore the proposed legislation that seeks to update these caps to reflect today’s economic reality. This isn’t just about money – it’s about dignity, respect, and ensuring that our legal system properly acknowledges the profound loss families experience when tragedy strikes.

NEWS CHANNEL 5:

Heather: There is state legislation that has been introduced that would increase the amount of money a family would receive in a wrongful death lawsuit. Here to tell us more about it is Jim Higgins with the Higgins Firm. Now tell us, Jim, what is this law? What is currently in place for this cap, and what are the changes that are being proposed?

Jim Higgins: So, in Tennessee, like a lot of states, in 2011—14 years ago—they passed a law that said for any loss of life in a wrongful death case, the maximum you can get for pain and suffering is $750,000. That seemed like, I guess, a reasonable sum of money 14 years ago, right? But as we all know, things have gotten so much more expensive.

With inflation—whether it’s eggs, houses, or cars—it’s hard to tell our clients, especially in the nursing home cases we handle, that their loved one’s life is capped at that amount. In those cases, there’s often not a significant economic loss when someone loses a loved one in a nursing home or when a child passes away.

So, what the legislature is doing now is saying, ‘Okay, in light of all this inflation, let’s make that $750,000 at least reflect its current value,’ which will put it a little over a million. And it is so important, not just for financial reasons, but for families to feel like their loss is respected and that they have some measure of justice.

Heather: If somebody dies at home due to someone else’s negligence, like in a car accident, does this cap still apply, or does it only apply in certain situations?

Jim Higgins: Yes, this cap applies in almost every wrongful death case, no matter the circumstances. Whether it’s a car wreck, medical malpractice, or a nursing home case, the law limits how much a family can recover for pain and suffering. The only exception is in cases of catastrophic injury, such as paralysis or severe burns, where the cap is slightly higher.

This is why we feel the proposed change is so important. The cap hasn’t changed in over a decade, and it fails to reflect the true cost of loss today. Families should not have to suffer an outdated system that doesn’t account for the economic realities of today.

Heather: If somebody dies at a nursing home, has a severe injury, and needs a lawyer or thinks this change in the law could impact them, how can they contact you and what does it cost?

Jim Higgins: You know, if we take your case, it does not cost anything until we win. You can also contact your legislators while they’re thinking about this because it’s not a certainty that they’re going to pass it. Say you think it’s right, you think it’s just—or if you don’t—that’s how we get it passed.

MORE INFORMATION ON TENNESSEE’S WRONGFUL DEATH DAMAGE CAPS AND WHY THEY NEED TO CHANGE

The Tennessee General Assembly is considering House Bill No. HB0005, which proposes a substantial increase in the state’s statutory cap on noneconomic damages in private civil actions, including wrongful death cases. If passed, this bill would have major implications for plaintiffs, insurers, and defendants in Tennessee. Families who have lost loved ones due to negligence would have the opportunity to receive a more just level of compensation, reflecting inflation and the rising costs of living.

Current Law: The $750,000 Cap on Noneconomic Damages

Under current Tennessee law, there is a $750,000 cap on noneconomic damages in wrongful death lawsuits. This cap applies regardless of the severity of the case, the pain and suffering endured, or the specific circumstances surrounding the loss. Noneconomic damages cover losses that are not tied to financial expenses, such as emotional distress, pain and suffering, and loss of companionship.

This cap has been in place since 2011, and at the time, it was intended to balance the interests of plaintiffs and defendants. However, over time, inflation has significantly diminished the value of that amount. In today’s dollars, $750,000 from 2011 is worth only about $536,000. If the cap had been adjusted for inflation, it would be over $1,050,000 today.

The Proposed Change: Adjusting for Inflation

House Bill No. HB0005 proposes increasing the cap to reflect its intended value when it was first introduced. The new cap would be adjusted to account for inflation, pushing it to approximately $1.05 million. This change is crucial to ensure that families receive compensation that is fair and meaningful in today’s economy.

This change would particularly impact cases where economic damages are minimal, such as wrongful deaths involving children, elderly individuals, or stay-at-home parents. In these cases, the loss is deeply personal rather than financial, and the current cap severely limits the ability of juries to award damages that truly reflect the harm suffered.

How These Caps Impact Families

At The Higgins Firm, we represent families in nursing home neglect cases and other wrongful death claims. Time and again, we see families struggle with the reality that no matter how egregious the negligence, the maximum they can recover for noneconomic damages is capped. This is especially frustrating when there is no significant financial loss—such as in cases involving elderly loved ones—because the cap places an arbitrary limit on what a jury can award.

The purpose of wrongful death claims is not only to compensate families but also to deter future negligence. When a corporation, hospital, or nursing home knows that the maximum exposure they face is $750,000—an amount that has lost its real value over time—it reduces the incentive to improve safety standards and prevent future harm.

Why This Change Matters

The proposed increase is not just an adjustment—it’s a necessary correction. Families deserve to be treated fairly, and the law should reflect the realities of today’s economy. More importantly, corporations and negligent parties should be held accountable at a level that truly reflects the harm caused.

For more information or to discuss a potential case, contact The Higgins Firm today.