Tennessee Bill Would Limit Personal Injury Damages
State senator Jon Lundberg recently submitted a bill to the Tennessee legislature that, if passed, would limit the amount of damages that a personal injury victim could receive after an accident. While the senator claims that the purpose of the new proposed law is to avoid a second windfall for plaintiffs at the expense of defendants, it could also open up other possibilities at trial for those responsible for causing harm in an accident to avoid full compensation for injuries. At Mitch Grissim & Associates, our knowledgeable team of personal injury lawyers is always on top of the latest cases and law that may impact your personal injury claim. If you have been hurt in the Nashville area, call or contact our office today to schedule a free consultation.
Proposed Bill Limiting Damages
The new proposed law looks to ban victims of personal injury accidents from submitting undiscounted medical bills as proof of their economic damages following an injury. Those in favor of the new law claim that what the hospital bill says and what the insurance pays for a victim’s care are not always the same thing, and they are attempting to provide fairness in the legal process. Cities and other municipalities are also in favor of the new law as it would limit the amount of damages they need to pay to victims that are injured by a local or state entity. One current example is Johnson City, which is appealing the damages awarded to a 78-year-old victim in a 2017 car accident after a city tractor collided with the passenger side of a personal vehicle, causing injuries to the elderly victim.
Those opposed to the new law point out that passage of this bill could result in the collateral source rule being applied in personal injury cases. This would allow defendants responsible for accidents to submit evidence that the plaintiff’s insurance paid discounted rates for medical care. The Tennessee Supreme Court agrees with those opposed to this type of new law, ruling in 2017 that plaintiffs are free to submit undiscounted medical bills as proof of reasonable medical expenses in a personal injury case. As such, the senate sponsor of this bill is not optimistic that the proposed law will sail through the legislature this year.
Compensation in Personal Injury Cases
Currently, compensation for accident victims in Tennessee includes coverage of all economic and noneconomic damages. Economic damages include all out of pocket expenses, including medical bills, lost wages, property damage, and the loss of future income and benefits. Noneconomic damages compensate a victim for their pain and suffering, emotional distress, disability, disfigurement, and loss of enjoyment of life. To learn more, talk to an experienced personal injury attorney today.
Talk to Our Office
If you or a loved one has been injured in an accident, the knowledgeable Nashville personal injury lawyers at Mitch Grissim & Associates are here to help you get the full and fair compensation that you deserve. Call the office or contact us today to schedule a free case evaluation.