What is a broken bone settlement worth in Tennessee?

It depends on the bone, the surgery, and your age. In Wortham v. Kroger (2020), a hip injury with a fracture led to a $2.7 million verdict that the cap reduced, leaving $750,000 in noneconomic damages plus $100,000 in economic damages. Simple fractures that heal fully settle for much less.

Can I sue a store in Tennessee if the hazard was obvious?

Yes. Since Coln v. City of Savannah (1998), an open and obvious danger does not automatically bar the claim. The jury compares your care with the store’s, and you recover as long as your share of fault is below 50%.

Does the $750,000 cap apply to my medical bills?

No. The cap applies to noneconomic damages such as pain and suffering. Medical bills, which the jury sees at their full billed amount under Dedmon v. Steelman, and lost earnings are recovered in full.

What is the statute of limitations for fracture claims in Tennessee?

1 year from date of injury, among the shortest in the US. Source: Tenn. Code Ann. § 28-3-104. Filing after the period expires generally bars the claim absent a tolling exception.

★ Tennessee · fracture

Fracture settlements
in Tennessee.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 2026Updated 28 September 20269 min read

Many Tennessee fracture claims come from falls on someone else’s property, and two rules decide them: whether the owner knew or should have known about the danger, and how the $750,000 cap trims the jury’s number. One Memphis case shows both.

Facts that decide a fracture claim in Tennessee

Cap on pain and suffering	$750,000 per injured person. In a 2020 fall case the jury awarded $2,600,000 in noneconomic damages and the court cut it to $750,000.Tenn. Code Ann. § 29-39-102; Wortham v. Kroger (Tenn. Ct. App. 2020)
Obvious hazards	An open and obvious danger does not automatically defeat your claim. The jury weighs your own care against the owner’s under comparative fault.Coln v. City of Savannah (Tenn. 1998)
Proving the owner knew	You can show the owner was on notice by proving a general or continuing condition, such as a recurring hazard, even without proof of how long a specific hazard was there.Blair v. West Town Mall (Tenn. 2004), applied in Trentham v. Mid-America Apartments (Tenn. 2025)
Fault rule	Your award is reduced by your share of fault, and you recover nothing at 50% or more.Binns v. Trader Joe’s East (Tenn. 2024)
Deadline to sue	One year from the fall for most claims.Tenn. Code Ann. § 28-3-104(a)(1); Gardner v. Saint Thomas Midtown Hospital (Tenn. 2023)
Medical bills the jury sees	The full billed cost of surgery, hardware, and rehabilitation, not the discounted amount your insurer paid.Dedmon v. Steelman (Tenn. 2017)
When the cap is $1 million	A fracture qualifies only if it causes a catastrophic result on the statute’s list, such as paraplegia or quadriplegia or the loss of two hands or feet.Public Chapter 510 (2011), § 29-39-102(d)

united states · sister site

Your fracture claim in Tennessee. See the number for your own case.

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★ TN · reported fracture outcomes

What Tennessee courts have awarded.

Real Tennessee decisions and verdicts, each linked to the court record or official report.

Wortham v. Kroger
Tennessee Court of Appeals · 2020
$100,000 economic and $2,600,000 noneconomic, cut to $750,000
An 88 year old shopper fell when a wheel came off a store cart, fracturing a bone and injuring a hip that needed surgery, followed by a stay in rehabilitation. The jury found Kroger 100% at fault. The trial court applied the cap to the noneconomic award, and the Court of Appeals affirmed, calling her loss of independence the most significant injury.
Jordan v. BNSF Railway
Tennessee Court of Appeals · 2009
$4,000,000 verdict
A railroad worker suffered head trauma and fractures at three levels of his spine when two trains collided. The jury found his employer 100% at fault. The case was brought under the federal railroad workers’ statute rather than state workers’ compensation, and the verdict was affirmed in part.

★ TN · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Tennessee.

1
In a fall case the first fight is notice. A store or landlord is liable for a hazard it created, knew about, or should have found. Tennessee lets you prove the last of these by showing a recurring or continuing problem. In 2025 the Supreme Court applied that rule to microbial growth on a pedestrian bridge at a Franklin apartment complex, upholding a trial court judgment that put 85% of the fault on the owner and 15% on the resident who fell.
2
The second fight is the cap. Wortham shows the gap that can open: the jury valued an elderly woman’s pain and loss at $2.6 million, and the law allowed $750,000. Because medical costs are not capped, the surgery, hardware, and rehabilitation bills often carry a larger share of a fracture settlement in Tennessee than in states without a cap.
3
Age and function matter more than the bone. A wrist fracture that heals cleanly settles for far less than a hip fracture in an older person that ends independent living. Evidence of what you could do before the fall, and cannot do after, is what moves the number toward the cap.

★ TN · statute of limitations

1 year from date of injury, among the shortest in the US

Tenn. Code Ann. § 28-3-104

★ TN · fault rule

Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault under McIntyre v. Balentine (1992).

★ TN · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Tennessee.

Non-economic damages cap (general)
PI claims
$750k ($1M catastrophic)
Tenn. Code Ann. § 29-39-102

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Tennessee's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

Jurisdiction	Fault rule	Limitation	Fracture page
Tennessee · you are here	Modified comparative, 50% bar	1 year from date of injury, among the shortest in the US	—
Texas	Modified comparative, 51% bar	2 years from date of injury	TX · fracture →
Virginia	Pure contributory negligence	2 years from date of injury	VA · fracture →
West Virginia	Modified comparative, 51% bar	2 years from date of injury	WV · fracture →
Alabama	Pure contributory negligence	2 years from date of injury	AL · fracture →
Arkansas	Modified comparative, 50% bar	3 years for personal injury; 2 years for medical malpractice	AR · fracture →
Florida	Modified comparative, 51% bar	2 years from date of injury (was 4; reduced by HB 837)	FL · fracture →
Utah	Modified comparative, 50% bar	4 years for personal injury; 2 years for medical malpractice	UT · fracture →
Colorado	Modified comparative, 50% bar	2 years for personal injury; 3 years for motor vehicle	CO · fracture →
Georgia	Modified comparative, 50% bar	2 years from date of injury	GA · fracture →
Idaho	Modified comparative, 50% bar	2 years from date of injury	ID · fracture →
Vermont	Modified comparative, 51% bar	3 years from date of injury	VT · fracture →
Washington	Pure comparative negligence	3 years from date of injury	WA · fracture →

★ TN · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

What is a broken bone settlement worth in Tennessee?
It depends on the bone, the surgery, and your age. In Wortham v. Kroger (2020), a hip injury with a fracture led to a $2.7 million verdict that the cap reduced, leaving $750,000 in noneconomic damages plus $100,000 in economic damages. Simple fractures that heal fully settle for much less.
Can I sue a store in Tennessee if the hazard was obvious?
Yes. Since Coln v. City of Savannah (1998), an open and obvious danger does not automatically bar the claim. The jury compares your care with the store’s, and you recover as long as your share of fault is below 50%.
Does the $750,000 cap apply to my medical bills?
No. The cap applies to noneconomic damages such as pain and suffering. Medical bills, which the jury sees at their full billed amount under Dedmon v. Steelman, and lost earnings are recovered in full.
What is the statute of limitations for fracture claims in Tennessee?
1 year from date of injury, among the shortest in the US. Source: Tenn. Code Ann. § 28-3-104. Filing after the period expires generally bars the claim absent a tolling exception.

united states · sister site

Hurt in a car crash in Tennessee? See what your own claim could be worth.

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Sources

Checked 2026-09-28.

★ all of TN

Tennessee overview

Fault rule, statute, caps, and key facts for Tennessee as a whole.

★ national frame

Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries

Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Tennessee. See /methodology, /sources, and /disclaimer.

Fracture settlementsin Tennessee.

Facts that decide a fracture claim in Tennessee

Sources

Fracture settlements
in Tennessee.