A judge in Chattanooga, Tennessee has ruled that placing caps on non-economic damages in personal injury lawsuits is unconstitutional. On Monday, March 09, Hamilton County Circuit Court Judge W. Neil Thomas made a court order that will likely give rise to a round of appeals from opponents, namely those who represent businesses.

It all began in 2011 when Gov. Bill Haslam urged the Tennessee Legislature to limit how much money can be won in a personal injury lawsuit. Judge Thomas argues that the state lacks a constitutional right to cap damages that are paid by doctors and other businesses in personal injury lawsuits at $750,000. A number established by state law in 2011.

2011 Tennessee Civil Justice Act

The 2011 Tennessee Civil Justice Act, otherwise known as the Tort Reform Act was a subject of hot debate before it passed in the General Assembly. The $750,000 cap on non-economic damages was a "win" for the corporate sector.

There are other states that have a cap on non-economic damages, or for "pain and suffering." According to Judge Thomas' opinion, a few of those states include Alabama ($400k), Florida ($450k), Georgia ($350k), and New Hampshire ($450k).

In the field of personal injury law, there are two main types of damages: economic damages and non-economic damages. Non-economic damages include damages for the victim's pain and suffering, loss of companionship, and consortium (love of a spouse). In contrast, economic damages include losses such as medical bills, lost wages, and property damage.

As explained above, occasionally lawsuits can place a cap on the amount of "non-economic" damages that can be recovered.

Have you been injured in an accident as a result of negligence? To find out if you have grounds to file a lawsuit, use our directory to find an experienced personal injury attorney!