Back & spine settlements
in Tennessee.
A Tennessee back injury claim runs on a short clock and a firm ceiling. You usually have one year to sue, and pain and suffering is capped at $750,000 unless a spinal cord injury leaves you paralysed, in which case the cap rises to $1 million.
Facts that decide a back & spine claim in Tennessee
| Deadline to sue | One year from the injury. It becomes two years when the other driver was charged or cited over the crash; the Court of Appeals applied that in 2021 to a citation for failing to exercise due care.Tenn. Code Ann. § 28-3-104(a)(2); Younger v. Okbahhanes (Tenn. Ct. App. 2021) |
|---|---|
| Cap on pain and suffering | $750,000 per injured person for all noneconomic loss. Medical bills and lost earnings are not capped. The Tennessee Supreme Court upheld the cap in 2020.Tenn. Code Ann. § 29-39-102(a)(2); McClay v. Airport Mgmt. Servs. (Tenn. 2020) |
| When the cap is $1 million | Only for a catastrophic injury. In a spine case that means a spinal cord injury resulting in paraplegia or quadriplegia. A herniated disc or a fusion stays under the $750,000 cap.Public Chapter 510 (2011), § 29-39-102(d) |
| A spouse shares the cap | A husband or wife claiming loss of consortium does not get a second $750,000. Both claims share one cap.Yebuah v. Center for Urological Treatment (Tenn. 2021) |
| Medical bills the jury sees | The full billed amount for your spine care, not the lower figure your health insurer actually paid.Dedmon v. Steelman (Tenn. 2017) |
| Fault rule | Your award is reduced by your share of fault, and you recover nothing once your fault reaches 50%.McIntyre v. Balentine (Tenn. 1992), applied in Binns v. Trader Joe’s East (Tenn. 2024) |
| Minimum liability insurance | $25,000 per person and $50,000 per accident for injuries, often far below the value of a surgical back claim.Tennessee Department of Revenue, Financial Responsibility Law |
| Not wearing a seat belt | Generally cannot be used to reduce your award.Tenn. Code Ann. § 55-9-604 |