Nashville, Tennessee (PRWEB) October 06, 2011
The Tennessee personal injury attorneys at the law firm of Michael D. Ponce & Associates, PLLC hereby discuss the changes in Tennessee personal injury law that have been imposed now that the Tennessee Civil Justice Act of 2011 has taken effect as of October 1, 2011. The firm would like to remind consumers that there are now limits on non-economic and punitive damages that can be recovered in Tennessee personal injury lawsuits.
Specifically, the places a limit on non-economic damages at $750,000, and this includes the derivative claim of a spouse or children for such forms of loss as loss of companionship. In general, non-economic damages include those compensation awards given to plaintiffs for emotional distress and pain and suffering.
In addition, the Tennessee Civil Justice Act of 2011 limits the amount of recovery of punitive damages, which are those that are awarded in order to punish a defendant, to $500,000 or to twice the amount of the compensatory damage award, whichever is greater. Typical examples of Tennessee personal injury lawsuits include those that would arise from Tennessee car accidents, medical malpractice allegations and lawsuits based on defective products.
However, if a personal injury is defined as catastrophic, the cap on non-economic damages is raised to $1 million. There are four scenarios that qualify for this category, including spinal cord injuries that result in paralysis, amputation of two hands, two feet or one of each, third-degree burns of over 40 percent of the body and the wrongful death of the parent of a minor child.
About Michael D. Ponce & Associates
Michael D. Ponce & Associates, PLLC, whose Web site can be found at the URL of http://www.poncelaw.com, is a law firm comprised of Tennessee personal injury lawyers who have been handling cases on behalf of clients in legal matters including personal injury and negligence, pedestrian accidents, premises liability, swimming pool accidents, dog bite injuries, bed bug cases, wrongful death and social security disability matters.