Caps on Pain & Suffering Damages in Tennessee

By the FigureMyTax Editorial Team · How we calculate

Tennessee caps noneconomic damages at $750,000, rising to $1,000,000 for catastrophic losses.

The limit

TCA 29-39-102 lets each injured plaintiff recover economic damages without a cap and noneconomic damages up to $750,000 for all injuries and occurrences. All noneconomic damages, including pain and suffering and any spouse's or children's loss of consortium, count toward that aggregate figure.

Catastrophic losses

The limit rises to $1,000,000 for spinal cord injury with paraplegia or quadriplegia, amputation of two hands, two feet or one of each, third-degree burns over 40% of the body or of the face, or the wrongful death of a parent leaving a surviving minor child.

When there is no limit

The limits do not apply if the defendant had a specific intent to inflict serious physical injury, intentionally falsified, destroyed or concealed material records, was substantially impaired by alcohol, drugs or another intoxicant, or was convicted of a felony for the act or omission that caused the damages. The trier of fact decides those issues by special verdict.

Not told to the jury

The jury is not told of the limit; the court applies it. It does not apply to claims against the State under the Claims Commission Act or against a governmental entity under the Governmental Tort Liability Act to the extent of a conflict.

Punitive damages

TCA 29-39-104 limits punitive damages to the greater of two times compensatory damages or $500,000, with the same four exceptions, and requires clear and convincing proof of malicious, intentional, fraudulent or reckless conduct.

A change from July 1, 2027

Public Chapter 1077 (2026) adds a new subsection (o): for suits filed on or after that date, noneconomic damages are limited to $375,000 (or $750,000 if catastrophic) for a plaintiff who owned or leased the uninsured vehicle in the crash and had received three written noncompliance notices in the prior three years. The defendant must plead it and prove every condition; it does not apply to passengers or permitted drivers.

A proposal to double the limits

A proposal to double the limits to $1,500,000 and $2,000,000 has been reported. We found no enacted change, so the limits above are current.

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.