Whiplash settlements
in Tennessee.
Whiplash claims in Tennessee are usually modest, and the way they are proven matters more than the diagnosis. Juries here have returned verdicts in the low thousands for neck strain, and the Court of Appeals has let those verdicts stand when the medical records were thin.
Facts that decide a whiplash claim in Tennessee
| Deadline to sue | One year from the crash, or two years if the other driver was criminally charged or cited for the crash. A citation for failing to exercise due care was enough in a 2021 case.Tenn. Code Ann. § 28-3-104(a); Younger v. Okbahhanes (Tenn. Ct. App. 2021) |
|---|---|
| Fault rule | Your award is reduced by your share of fault. At 50% or more you recover nothing.McIntyre v. Balentine (Tenn. 1992), applied in Binns v. Trader Joe’s East (Tenn. 2024) |
| Minimum liability insurance | $25,000 per injured person, $50,000 per accident, and $25,000 for property damage. For a soft tissue claim this limit is rarely the problem; proving the injury is.Tennessee Department of Revenue, Financial Responsibility Law |
| Medical bills the jury sees | The full billed amounts for your ER visit, imaging, chiropractic care, and therapy, not what your insurer paid.Dedmon v. Steelman (Tenn. 2017) |
| Seat belt use | Not wearing a seat belt generally cannot be used against you, which matters in neck injury cases where the defense often raises it.Tenn. Code Ann. § 55-9-604 |
| Cap on pain and suffering | $750,000 per person. It exists, but a whiplash claim almost never comes near it.Tenn. Code Ann. § 29-39-102; McClay v. Airport Mgmt. Servs. (Tenn. 2020) |