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WHAT ARE THE LIMITS ON DAMAGES IN TENNESSEE WRONGFUL DEATH CASES? Wrongful death is considered a catastrophic injury, meaning the limit on non-economic damages is $1 million per person, if the decedent left minor children. Otherwise, the typical damage caps apply.
There are many different situations that can turn into wrongful death claims, such as car accidents, motorcycle accidents, truck accidents, boating accidents, aviation accidents, drowning, product liability, premises liability, assault & battery, medical malpractice, workplace accidents, accidental poisoning and more.
In civil cases such as wrongful death lawsuits, the burden of proof lies with the plaintiff, the person filing the claim. The plaintiff's burden of proof for wrongful death cases is a preponderance of the evidence.
What Is the Tennessee Wrongful Death Damages Cap? In Tennessee, there is no limit on the compensation that may be recovered for economic damages in a personal injury claim. However, recovery of non-economic damages is capped at $750,000.
Typically, the average wrongful death settlement can amount to around $500,000 to $1 million or even more depending on the circumstances of the case. However, in some cases, there's a cap on the amount of non-economic damages that the victim's family can recover.