Severity and the Pain & Suffering Multiplier

By the FigureMyTax Editorial Team · How we calculate

In Tennessee, a high multiplier can run straight into the statutory ceiling.

What moves the multiplier

• Permanence. A fully healed fracture supports a lower multiplier than a lasting impairment.
• Future treatment. Ongoing therapy, surgery or medication pushes toward the high end.
• Disfigurement. Permanent visible changes tend to be valued more heavily.
• Daily life. Documented loss of work, activity or family care strengthens the case.
• Documentation. Records, a pain journal and photos make a higher multiplier easier to justify.

The ceiling

Economic damages carry no cap, but noneconomic damages are limited to $750,000, or $1,000,000 for catastrophic losses, so with large economic damages a high multiplier may be cut back.

Fault is a hard gate

Recovery of any damages is barred if the plaintiff's comparative fault is equal to or greater than 50%. At 49% you can recover.

You collect defendant by defendant

Under TCA 29-11-107, each defendant is only severally liable for its own percentage of fault, with exceptions for civil conspiracy and strict liability among manufacturers. Noneconomic damages up to the limit are apportioned among defendants by fault.

Insurance and punitive damages

Punitive damages are limited by TCA 29-39-104 and require clear and convincing evidence.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Tennessee's rules apply to your specific case with a licensed Tennessee attorney.