Tennessee Judge: Cap on Personal Injury Damages Is Unconstitutional

March 23, 2015

A Chattanooga, Tenn., judge has ruled that a state law that caps non-economic damages in personal injury lawsuits is unconstitutional.

The Times Free Press reported that Hamilton County Circuit Judge W. Neil Thomas issued the order that is sure to trigger appeals in a case involving AT&T.

In 2011, the Legislature at the urging of Gov. Bill Haslam limited the amount that can be won in personal injury lawsuits.

Noneconomic damages include pain and suffering, disfigurement or scarring and loss of enjoyment of life. The current cap for noneconomic damages is $750,000 in most cases.