You’re in pain. The bills are piling up. And you’re wondering if you’ll ever feel normal again.
If you’ve been injured because of someone else’s carelessness, you’re probably asking yourself: “What can I actually recover in a personal injury claim?”
It’s a great question. And as personal injury attorneys, it’s one we hear all the time.
Let’s break it down in plain English.
Table of Contents
The Basics: What Are “Damages” Anyway?
When lawyers talk about “damages,” we’re really just talking about money. It’s the cash you’re entitled to receive for your injuries and losses.
Think of it this way: If someone breaks your stuff, they should pay to fix or replace it, right? The same idea applies when someone’s negligence causes you harm. They (or their insurance company) should “fix” what they broke – in this case, you and your life.
Two Main Types of Damages: Compensatory and Punitive
Compensatory Damages: Making You “Whole” Again
The goal here is simple: to compensate you for what you’ve lost. These damages fall into two categories:
- Economic Damages (Special Damages)
- Non-Economic Damages (General Damages)
Let’s look at each one.
Economic Damages: The Cold, Hard Numbers
These are the damages you can easily put a price tag on. They include:
- Medical Bills: Everything from the ambulance ride to your last physical therapy session. And don’t forget future medical expenses if you’re looking at long-term care.
- Lost Wages: The paychecks you missed while recovering. If you can’t return to your old job or can’t work at all, we’ll factor in your lost earning capacity too.
- Property Damage: Did the accident trash your car? We’ll make sure you get compensated for repairs or replacement.
- Out-of-Pocket Expenses: Those Uber rides to doctor’s appointments? The wheelchair ramp you had to install at home? Yep, those count too.
Non-Economic Damages: It’s Not All About the Bills
This is where things get a bit trickier to calculate, but these damages are just as important. They include:
- Pain and Suffering: The physical pain and discomfort you’ve endured.
- Emotional Distress: The sleepless nights, the anxiety, the PTSD – it all matters.
- Loss of Enjoyment: Can’t play catch with your kids anymore? Had to give up your favorite hobby? That’s a real loss, and you deserve compensation for it.
- Loss of Consortium: This one’s for your spouse. It covers the impact on your relationship, including loss of companionship or intimacy.
Now, in Tennessee, there’s a cap on these non-economic damages. Generally, it’s $750,000, but it can go up to $1,000,000 in catastrophic cases. We’ll fight to get you every dollar you deserve within these limits.
Punitive Damages: When “I’m Sorry” Isn’t Enough
Sometimes, the other party’s behavior is so bad that the court wants to punish them and discourage others from doing the same thing. That’s where punitive damages come in.
These are rare in personal injury cases. In Tennessee, we have to prove the defendant acted maliciously, intentionally, fraudulently, or recklessly. There’s also a cap on punitive damages – it’s twice the total compensatory damages or $500,000, whichever is greater.
Factors That Can Affect Your Damages
Several things can impact how much you might receive:
- How Bad Is Your Injury?: Generally, more severe injuries = higher compensation.
- How Clear Is the Other Party’s Fault?: Stronger evidence in your favor can lead to higher awards.
- Are You Partially at Fault?: In Tennessee, if you’re 50% or more at fault, you can’t recover damages. Less than 50%, and your damages get reduced by your percentage of fault.
- Insurance Policy Limits: Sometimes, the at-fault party’s insurance coverage can limit your recovery.
Documenting Your Damages: Why It Matters
Here’s a pro tip: Document everything. And we mean everything.
- Keep all your medical records and bills.
- Track your missed work days and lost wages.
- Take photos of your injuries as they heal.
- Keep a journal about your pain and how the injury affects your daily life.
The more evidence we have, the stronger your case will be.
Why You Need a Personal Injury Lawyer
Look, we get it. You might be thinking, “Can’t I just handle this myself?”
But here’s the truth: Insurance companies have teams of lawyers whose job is to pay you as little as possible. They know all the tricks to devalue your claim.
That’s where we come in. At The Higgins Firm, we:
- Know how to accurately calculate ALL your damages – even the ones you might not have thought about.
- Have the resources to gather strong evidence to support your claim.
- Are skilled negotiators who won’t be bullied by insurance companies.
- Are ready to take your case to court if that’s what it takes to get you fair compensation.
Plus, we work on a contingency fee basis. That means you don’t pay us unless we win your case.
Don’t Wait – Time Is Not on Your Side
In Tennessee, you generally have only one year from the date of your injury to file a lawsuit. That might seem like a long time, but building a strong case takes time.
The sooner you reach out to us, the sooner we can start fighting for you.
The Bottom Line on Personal Injury Damages
Being injured because of someone else’s negligence isn’t fair. You shouldn’t have to shoulder the financial burden on top of your physical and emotional pain.
That’s why understanding the types of damages you can recover is so important. It’s not about getting rich – it’s about getting the compensation you need to put your life back together.
If you’ve been injured, don’t go it alone. Contact The Higgins Firm today for a free consultation. We’re here to answer your questions, guide you through the process, and fight for every dollar you deserve.
Remember, your recovery is your full-time job. Let us handle the legal heavy lifting.
