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ADAIN Blog

by Richard Acree of ADA Inspections Nationwide, LLC

TN Law Limiting Accident Victim Settlement Rejected in Williamson County

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ADA Inspections Nationwide, LLC, Logo

Recently a Tennessee law limiting how much money accident victims can receive in a settlement was rejected in a Williamson County (TN) court.

In an article posted by Elaina Sauber at the Nashville Tennessean, it was said, “Circuit Court Judge Michael Binkley struck down a cap on compensatory damages in a case that went to trial in March, ruling that the cap, first passed in the 2011 legislative session, is unconstitutional.  The law applies to non-economic damages, or non-monetary losses that can't be quantified, such as permanent disability, trauma or pain and suffering. The cap does not apply if a defendant is convicted of a felony that caused the injury.”

According to Sauber’s article, “Binkley's order comes as the Tennessee Supreme Court prepares to hear oral arguments in a similar case that challenges the constitutionality of the statutory cap. In June, the Tennessee Supreme Court accepted a certified question to determine whether the cap on non-economic damages violates the Tennessee constitution in another case, McClay v. Airport Management Services, Inc. The court is expected to hear oral arguments in that case next month.”

“And last year, the Sixth Circuit Court of Appeals found that the statutory cap on punitive damages violated Tennessee's constitution in the case Lindenberg v. Jackson National Life Insurance Co”, Sauber said.

Certified Aging in Place Specialist (CAPS) Logo

Certified Aging in Place Specialist (CAPS) Logo

These are very important issues that can effect the lives of people disabled in an accident that is someone else’s fault. The TN Supreme Court should take action to help these victims of accidents and let juries decide what is appropriate for legal settlements, including the cost of home modifications for people disabled in an accident. A Certified Aging in Place Specialist (CAPS) can help calculate the estimated cost of a home modification for people disabled in an accident.

If you or someone you know was injured in an accident caused by someone else, please call Richard at 615-752-0060 to discuss the needs for a home safety inspection and home modification. For more information about the services Richard provides please see Residential Accessibility.

Thank you.