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Tennessee · whiplash

Whiplash settlements
in Tennessee.

By 6 min read

Tennessee applies modified-50 comparative fault since McIntyre v. Balentine (1992) abolished pure contributory negligence, with one of the shortest US PI limitation windows (one year) and a $750,000 general non-economic cap. For whiplash claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Tennessee's modified comparative — 50% bar and any applicable statutory cap.

Tennessee applies modified comparative negligence with a 50% bar. For whiplash claims, this means a claimant who is 49% at fault recovers 51% of the award, but a claimant assigned 50% or more recovers nothing. The bright-line rule materially affects whiplash settlement negotiations: insurers routinely argue claimant conduct toward the 50% threshold, and the perceived risk of stepping over the line drives many claimants to settle below the band.

Tennessee's caps (non-economic damages cap (general)) apply to the non-economic component of whiplash damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.

band · US federal frame
$10,000 – $40,000
Whiplash / soft tissue (1–2 years)
Insurance settlement data plus VerdictSearch tabulations

The US band is the starting point. Tennessee's fault rule and any applicable cap then adjust the figure.

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 whiplash settlement in Tennessee.

whiplash severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies whiplash into the tiers below. Tennessee courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Whiplash / soft tissue (minor)$3,000 – $15,000Settlement aggregates from insurance industry sources
Whiplash / soft tissue (1–2 years)$10,000 – $40,000Insurance settlement data plus VerdictSearch tabulations
whiplash · 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 whiplash claims.

JurisdictionFault ruleLimitationWhiplash 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 · whiplash
VirginiaPure contributory negligence2 years from date of injuryVA · whiplash
West VirginiaModified comparative — 51% bar2 years from date of injuryWV · whiplash
AlabamaPure contributory negligence2 years from date of injuryAL · whiplash
ArkansasModified comparative — 50% bar3 years for personal injury; 2 years for medical malpracticeAR · whiplash
FloridaModified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · whiplash
UtahModified comparative — 50% bar4 years for personal injury; 2 years for medical malpracticeUT · whiplash
ColoradoModified comparative — 50% bar2 years for personal injury; 3 years for motor vehicleCO · whiplash
GeorgiaModified comparative — 50% bar2 years from date of injuryGA · whiplash
IdahoModified comparative — 50% bar2 years from date of injuryID · whiplash
VermontModified comparative — 51% bar3 years from date of injuryVT · whiplash
WashingtonPure comparative negligence3 years from date of injuryWA · whiplash
TN · whiplash · frequently asked

Common questions.

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

editorial note

Figures on this page are starting points: the US band adjusted for Tennessee's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Tennessee. See /methodology, /sources, and /disclaimer.