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★ Tennessee · head & brain

Head & brain settlements
in Tennessee.

By Reviewed by Abd Shanti, Founder9 min read

A traumatic brain injury does not qualify for the higher $1 million cap in Tennessee. The statute’s list of catastrophic injuries leaves brain injury out, so pain and suffering is capped at $750,000 however serious the injury, and the size of a TBI claim turns on lost earnings and future care.

Facts that decide a head & brain claim in Tennessee

Cap on pain and suffering$750,000 per injured person. A brain injury is not on the catastrophic list that raises the cap to $1 million.Public Chapter 510 (2011), § 29-39-102(a)(2) and (d)
The cap is constitutionalThe Tennessee Supreme Court rejected challenges under the right to a jury, separation of powers, and equal protection.McClay v. Airport Mgmt. Servs. (Tenn. 2020)
What is not cappedLost earning capacity and future medical care. In a TBI case these are usually the largest items and need expert proof.Malone v. ASF Intermodal (Tenn. Ct. App. 2022)
Exceptions to the capThe cap does not apply if the defendant intended to cause serious injury or was intoxicated, among other exceptions in the statute.Public Chapter 510 (2011), § 29-39-102(h)
Punitive damagesAvailable only on clear and convincing proof of malicious, intentional, fraudulent, or reckless conduct, and capped at the greater of twice the compensatory award or $500,000.Public Chapter 510 (2011), § 29-39-104(a)
A spouse shares the capLoss of consortium claims by a spouse fall inside the same $750,000, not on top of it.Yebuah v. Center for Urological Treatment (Tenn. 2021)
Deadline to sueOne year from the injury, or two years if the other driver was charged or cited over the crash.Tenn. Code Ann. § 28-3-104(a); Younger v. Okbahhanes (Tenn. Ct. App. 2021)
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★ TN · reported head & brain outcomes

What Tennessee courts have awarded.

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

  • Malone v. ASF Intermodal
    Tennessee Court of Appeals · 2022
    $2,519,772 verdict, reduced to $1,529,772 by the cap

    Two neuropsychology experts concluded Mr. Malone suffered a traumatic brain injury in a collision with a truck, which the defense disputed because there was no sign of a brain injury in the first hours and days. The jury awarded $375,000 for lost earning capacity, $400,000 for future medical care, and $1,605,000 in noneconomic damages to him, plus $135,000 to his wife. The trial court applied the cap.

  • Jordan v. BNSF Railway
    Tennessee Court of Appeals · 2009
    $4,000,000 verdict

    A railroad worker suffered significant trauma to the back of his head with loss of consciousness, plus spinal fractures, in a collision between two trains. The jury found his employer 100% at fault. The claim ran under the federal railroad workers’ statute, which is not subject to the Tennessee cap.

★ TN · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Tennessee.

  1. 1

    Brain injury cases in Tennessee are often fought over whether the injury exists. In Malone the defense pointed to the lack of symptoms in the first hours after the crash, and the plaintiff answered with neuropsychological testing months later. Early documentation of confusion, headaches, or memory problems, even if they seem minor, is what these cases rest on.

  2. 2

    The cap shapes the whole claim. Malone’s jury put about $1.6 million on his pain and loss of enjoyment of life; the law allowed $750,000 of that, shared with his wife’s consortium claim. The capped part of a TBI settlement is fixed, so the negotiation is really about earnings and future care, which need an economist and a life care planner.

  3. 3

    Where the defendant was drunk or meant to hurt you, the cap falls away. A brain injury caused by an intoxicated driver can be valued without the $750,000 limit, and punitive damages may be added up to twice the compensatory award or $500,000, whichever is greater.

★ 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 head & brain settlement in Tennessee.

★ head & brain · 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 head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Tennessee · you are hereModified comparative, 50% bar1 year from date of injury, among the shortest in the US—
TexasModified comparative, 51% bar2 years from date of injuryTX · head & brain →
VirginiaPure contributory negligence2 years from date of injuryVA · head & brain →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · head & brain →
AlabamaPure contributory negligence2 years from date of injuryAL · head & brain →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · head & brain →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · head & brain →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · head & brain →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · head & brain →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · head & brain →
IdahoModified comparative, 50% bar2 years from date of injuryID · head & brain →
VermontModified comparative, 51% bar3 years from date of injuryVT · head & brain →
WashingtonPure comparative negligence3 years from date of injuryWA · head & brain →
★ TN · head & brain · frequently asked

Common questions.

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

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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
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain 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.