Skip to content
Pain and suffering is a form of non-economic damage that may be recoverable in a Tennessee personal injury claim. It may compensate for physical pain, emotional distress, loss of enjoyment of life, and other ways an injury affects a person’s daily activities and well-being.
Because these losses do not have a fixed dollar value, Tennessee law does not prescribe a formula for calculating them. Attorneys, claimants, and insurers may use informal approaches, such as the multiplier or per diem method, to estimate pain and suffering damages during settlement discussions. However, Tennessee law does not require either method. The value of a claim ultimately depends on the evidence, the severity and duration of the injury, its effect on the person’s life, comparative fault, and any applicable statutory limits.
NST Law can help document the impact of your injuries and pursue the compensation available under Tennessee law. For more than 35 years, we have represented clients throughout Tennessee. Contact us online or call 800-529-4004 today for a free consultation.
Key Takeaways
- Pain and suffering damages are a type of non-economic damage available in some Tennessee personal injury claims.
- Compensation for pain and suffering is often calculated using a multiplier or per diem method.
- Tennessee imposes caps on pain and suffering.
- You can prove pain and suffering by taking steps like keeping a pain diary.
- The more severe your injuries, the more compensation you may be entitled to for pain and suffering.
What Is Pain and Suffering in a Personal Injury Claim?
Pain and suffering refers to the physical and emotional effects of an injury. It is a form of non-economic damage, unlike economic damages such as medical expenses and lost wages, which can be measured through bills, receipts, and other records.
Pain and suffering may include physical pain, chronic discomfort, reduced mobility, headaches, emotional distress, and limitations on daily activities. It may also include loss of enjoyment of life when an injury prevents someone from participating in hobbies, spending time with family, or carrying out normal routines.
For example, a person with a serious back injury may seek compensation for medical treatment and lost income, as well as ongoing pain, reduced mobility, and the loss of activities they previously enjoyed. The value of these damages depends on the evidence and the specific facts of the case.
How Is Pain and Suffering Calculated?
It can be complicated to figure out how pain and suffering is calculated in Tennessee because there’s no official formula or actual financial loss to point to.
However, there are two common methods to estimate pain and suffering damages that are often used by attorneys and insurance companies.
The Multiplier Method
The multiplier method is an informal way to estimate pain and suffering damages during settlement discussions. It involves multiplying economic damages, such as medical expenses, lost wages, and other measurable losses, by a selected number.
The appropriate multiplier, if this method is used, may depend on factors such as:
- The severity of the injuries
- Whether the injuries caused permanent impairment or disability
- The length of the recovery period
- The intensity and duration of the pain
- The effect of the injury on work and daily life
- The strength of the supporting evidence
For example, if someone has $50,000 in economic damages and uses a multiplier of three, the estimated pain and suffering damages would be $150,000. The estimated total would be $200,000 before considering liability, comparative fault, insurance coverage, statutory limits, and other factors.
Tennessee law does not require the use of the multiplier method. It is only an evaluation tool, and a judge or jury determines non-economic damages from the evidence presented.
The Per Diem Method
The per diem method is another informal way to estimate pain and suffering damages. It assigns a daily dollar amount to the physical pain, emotional distress, and other effects of an injury, then multiplies that amount by the number of days the person experiences those effects.
Selecting a reasonable daily rate can be difficult because Tennessee law does not establish a fixed value for a day of pain. If this method is used, the proposed rate should be supported by factors such as the severity of the injuries, the length of treatment, the effect on daily life, and the evidence in the case.
For example, if a daily rate of $200 is used for 180 days, the estimated pain and suffering damages would be $36,000.
Insurers may also rely on claims software, internal guidelines, and other valuation tools. Ultimately, the amount is negotiated or, if the case goes to trial, determined by a judge or jury based on the evidence rather than a required formula.
What Factors Affect the Value of Pain and Suffering?
Several factors may affect the value of pain and suffering damages, including:
- The severity and permanence of the injury
- The length of the recovery period
- The effect of the injury on work and daily activities
- The physical pain and emotional distress involved
- Any visible scarring or disfigurement
- The strength of the evidence establishing liability
- How thoroughly the injury and its effects are documented
The value of a claim also may be affected by comparative fault, available insurance coverage, and other case-specific circumstances.
Tennessee Code Annotated Section 29-39-102 generally limits non-economic damages to an aggregate amount of $750,000 for each injured plaintiff. The limit increases to $1 million for certain catastrophic injuries or losses, and statutory exceptions may apply in limited circumstances. Because pain and suffering is only one category of non-economic damage, the applicable cap generally covers the combined non-economic damages arising from the injury rather than providing a separate limit for pain and suffering alone.
Does Tennessee Cap Pain and Suffering Damages?
Tennessee Code Annotated Section 29-39-102 generally caps non-economic damages, including pain and suffering, emotional distress, disfigurement, loss of enjoyment of life, and other losses, at $750,000 for each injured plaintiff. The limit increases to $1 million when the plaintiff suffers a catastrophic loss or injury as defined by the statute, such as paraplegia or quadriplegia, qualifying amputations or burns, or the wrongful death of a parent who leaves a surviving minor child.
The cap does not apply in certain circumstances, including when the defendant intended to inflict serious physical injury, intentionally concealed or destroyed material evidence, caused the injury while impaired under circumstances covered by the statute, or committed a qualifying felony connected to the injury. These exceptions depend on the specific facts and statutory requirements.
The limits apply to non-economic damages only. Economic damages, including medical expenses, lost wages, and reduced earning capacity, are not capped under this statute.
How Do You Prove Pain and Suffering?
Proving pain and suffering requires evidence to prove your injuries and how they affect your daily life. Relevant evidence may include:
- Medical records documenting your diagnosis, treatment, symptoms, and prognosis
- Testimony from doctors or other medical professionals about the pain and limitations associated with your injuries
- A pain journal describing your symptoms, physical limitations, and the ways your injuries affect work, hobbies, sleep, and family activities
- Photographs or videos showing visible injuries, treatment, and changes during recovery
- Statements from relatives, friends, or coworkers who have observed changes in your mobility, mood, or daily routine
Keep all documentation accurate and consistent with your medical records and testimony. A pain journal and other personal records may be reviewed by insurers or obtained during litigation, so avoid exaggeration. Strong, credible evidence can help fairly show the full effect of your injuries and support your claim for non-economic damages under Tennessee law.
How Can an Attorney Maximize Your Pain and Suffering Award?
An attorney can help document your injuries, evaluate the factors that may affect your claim, and respond to settlement offers that do not reflect the evidence. Legal counsel can also gather medical records, consult experts, negotiate with insurers, and present evidence at trial showing how your injuries have affected your work, daily activities, and quality of life.
For more than 35 years, NST Law has represented injured people throughout Tennessee. Our legal team of 175 lawyers and staff prepares each case with litigation in mind, which can help strengthen negotiations and ensure the claim is supported if a trial becomes necessary.
Past verdicts, settlements, and client testimonials may demonstrate the firm’s experience, but they do not guarantee a particular result. NST Law can evaluate your case, explain the compensation that may be available based on lost wages and other factors, as well as pursue a recovery supported by the facts, applicable law, and available insurance coverage in your particular case.
Contact NST Law for a Free Case Evaluation
NST Law is here to help. Our Tennessee personal injury lawyers serve Memphis, Knoxville, Nashville, Jackson, and surrounding areas, and we are prepared to come to you when you need us. We offer a free consultation and charge no legal fees unless we win. We’re also here 24/7 to fight for you.
We are passionate about our clients and the communities we serve. Contact NST Law online today for a free consultation, or call us at 800-529-4004 to learn how we can help.
