Wrongful Death Damages and the Noneconomic Cap in Tennessee

By the FigureMyTax Editorial Team · How we calculate

Tennessee counts consortium inside the cap, and raises the cap for parents with minor children.

The limit applies to death

TCA 29-39-102 limits noneconomic damages in personal injury and wrongful death actions to $750,000, and the exceptions section expressly covers wrongful death actions.

A higher limit for parents

The limit rises to $1,000,000 for a catastrophic loss, which includes the wrongful death of a parent leaving a surviving minor child for whom the parent had lawful rights of custody or visitation.

Consortium is inside the cap

All noneconomic damages, including any claims of a spouse or children for loss of consortium or any derivative claim for noneconomic damages, fall within the aggregate.

What counts as pecuniary value

In Jordan v. Baptist Three Rivers Hospital (1999) the Supreme Court held that the pecuniary value of the decedent's life includes loss of consortium, and in Hancock (2001) it extended that to a child's loss of a parent. Tennessee does not create a separate consortium claim.

A decedent's fault

The claim is barred if the decedent's fault is 50% or more, and defendants are only severally liable.

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.