Lawsuit Revisits Tennessee Civil Justice Act Damage Caps
In June, an East Tennessee lawsuit intended to target opioid drug makers was filed in the Sullivan County Circuit Court. In addition to suing three drug makers that create and market several types of the potentially addictive prescription pain medicines known as opioids, the lawsuit takes to task the damage caps delineated in the 2011 Tennessee Civil Justice Act.
The tort reform bill that the legislature signed into law more than five years ago has been ruled unconstitutional before and had been constitutionally questioned since its inception. This new lawsuit seeks to remove the $1.25 million cap for “non-economic” damages, such as pain and suffering. The lawsuit states, “the caps are unconstitutional deprivations of plaintiffs’ constitutionally protected right to a trial by jury.” The argument proceeds that the powers of the judicial branch are usurped by the caps.
Your right to a catastrophic injury suit
Catastrophic injuries are life-altering and frequently require intensive acute or lifelong medical care. The psychological wounds of a catastrophic injury, too, must be addressed, sometimes for years following an accident. In Tennessee, if you have suffered from a catastrophic injury such as amputation, severe burns, a spinal cord injury, or paraplegia, you currently have the right to be awarded the following for damages:
- $1 million for non-economic damages, such as pain and suffering and loss of enjoyment of life’s pleasures or activities
- Unlimited award potential for economic damages, such as loss of past and future earnings
You may only recover damages if you are less than 50% responsible for your injury. Although the current law restricts the amount you can be awarded for emotional distress, pain and suffering, and other non-economic damages, you need a Memphis catastrophic injury attorney who will fight for restitution on your behalf to ensure you receive the full compensation you are entitled to. If you have suffered a catastrophic injury in Tennessee, it is essential to retain competent and experienced legal counsel.
The Memphis catastrophic injury attorneys at Bailey & Greer, PLLC protect the rights of Tennessee residents who have been catastrophically injured in an accident. Our law office serves hardworking, honest people in Jackson, Memphis, and throughout West Tennessee. Please feel free to call us at 901-680-9777 or fill out our contact form to schedule a meeting to discuss your claim.
As founder of Bailey & Greer, R. Sadler Bailey has battled his fair share of insurance giants and wrongdoers and has achieved numerous multimillion-dollar results for the victims of catastrophic injuries and their families. What’s more, he has been involved in more than 40 appellate court decisions affecting Tennessee personal injury law, including many landmark appearances before the Tennessee Supreme Court.
Read more about R. Sadler Bailey