Tennessee Supreme Court Addresses Damages

We entrust the responsibility of resolving questions of disputed fact, including the assessment of damages, to the jury. An award of damages, which is intended to make a plaintiff whole, compensates the plaintiff for damage or injury caused by a defendant’s wrongful conduct.  A plaintiff may be compensated for any economic or pecuniary losses that naturally result from the defendant’s wrongful conduct.  Economic damages include out-of-pocket medical expenses, future medical expenses, lost wages, and lost earning potential. The plaintiff bears the burden of proving damages to such a degree that, while perhaps not mathematically precise, will allow the jury to make a reasoned assessment of the plaintiff’s injury and loss.

A plaintiff is also entitled to recover compensatory damages for non-economic loss or injury. “Non-economic damages include pain and suffering, permanent impairment and/or disfigurement, and loss of enjoyment of life.” Damages for pain and suffering are awarded for the physical and mental suffering that accompany an injury. Damages awarded for loss of enjoyment of life are intended to compensate a plaintiff for the impairment of the ability to enjoy the normal pleasures of living. Assigning a compensable, monetary value to non-economic damages can be difficult. The assessment of non-economic damages is not an exact science, nor is there a precise mathematical formula to apply in determining the amount of damages an injured party has incurred.  Thus, a plaintiff is generally not required to prove the monetary value of non-economic damages.

Meals v. Ford Motor Company, 2013 Tenn. Lexis 702 (Tenn. Aug. 30, 2013)(Citations omitted throughout)

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