How Much Money Can You Sue Someone for Assault in Tennessee?

A physical attack can change everything in seconds. Medical bills pile up, you might miss work, and the pain affects daily life. If someone hurt you in Tennessee, you have legal rights to seek compensation.

The law gives assault victims options to recover damages for their injuries.

While no amount of money fixes what happened, financial recovery helps cover expenses and acknowledges your suffering. Let’s look at how assault injury claims work in Tennessee, what affects settlement amounts, and how to protect your rights.

Types of Assault Claims in Tennessee

Tennessee law allows assault victims to file two types of claims:

1. Civil Assault Claims

A civil lawsuit directly against the person who hurt you can recover damages regardless of whether criminal charges were filed. This claim focuses on your injuries and losses, not punishment for the attacker.

Tennessee law recognizes both assault and battery as separate legal claims:

• Assault occurs when someone creates reasonable fear of imminent harmful contact
• Battery is the actual unwanted physical contact

Many cases involve both elements. For example, if someone threatens to hit you (assault) and then follows through (battery), your civil claim would typically include both.

2. Third-Party Liability Claims

Sometimes businesses or property owners share responsibility for an assault. For example:

• Apartments with broken security gates and poor lighting
• Hotels that don’t fix broken locks
• Businesses that fail to provide reasonable security
• Property owners ignoring known dangers

These cases fall under “premises liability” laws in Tennessee. Property owners must take reasonable steps to keep people safe from foreseeable criminal acts.

Tennessee courts look at key factors in third-party claims:

• Whether similar crimes happened on the property before
• If the owner knew about security problems but ignored them
• Whether the attack was foreseeable based on the location and circumstances
• If the property’s security measures met reasonable industry standards

In the 2005 case of West v. East Tennessee Pioneer Oil Co., the Tennessee Supreme Court expanded liability to businesses that enable harmful actions of others, showing how Tennessee law has evolved to protect victims.

What Compensation Can Assault Victims Receive?

Tennessee law allows assault victims to recover several types of damages:

Economic Damages

These cover actual money losses, including:

• Medical bills (hospital stays, surgeries, medications)
• Physical therapy and rehabilitation costs
• Lost wages from missing work
• Future medical treatment
• Property damaged during the assault

Tennessee does not cap economic damages. If you have $50,000 in medical bills and lost wages from an assault, you can seek the full amount without limitation.

Non-Economic Damages

These address the personal impact, including:

• Physical pain and suffering
• Emotional distress and mental trauma
• Loss of enjoyment of life
• Permanent disability or disfigurement

Tennessee law caps non-economic damages at $750,000 in most personal injury cases. However, this cap increases to $1,000,000 for “catastrophic” injuries like:

• Spinal cord injuries resulting in paralysis
• Amputation of hands or feet
• Severe burns covering large portions of the body
• Wrongful death of a parent leaving minor children

Punitive Damages

In cases of truly awful behavior, punitive damages may be available. These apply when the attacker acted with malice, fraud, or reckless disregard for your safety.

Tennessee limits punitive damages to the greater of:

• $500,000, or
• Twice the amount of compensatory damages

Courts only award punitive damages in assault cases with clear evidence of intentional, malicious, or extremely reckless conduct. You need “clear and convincing evidence” – a higher standard than what’s needed for regular compensation.

Factors That Affect Settlement Amounts

No two assault cases are the same. Settlement amounts depend on:

1. Injury Severity

More serious injuries typically lead to higher settlements. Factors include:

• Need for surgery or hospitalization
• Long-term treatment requirements
• Permanent impairment
• Visible scars or disfigurement

2. Medical Expenses

The total cost of medical care plays a big role in settlement amounts. This includes both current bills and estimated future treatment costs.

Tennessee’s “Collateral Source” Rule: This legal principle prevents defendants from reducing your damages just because your health insurance paid some medical bills. You can still recover the full value of your medical expenses even if insurance covered them.

3. Income Loss

If your injuries kept you from working, your settlement should cover lost wages. For severe injuries that affect your ability to work long-term, future lost earnings factor into larger settlements.

Tennessee courts consider:

• Your pre-injury earnings history
• Education and skill level
• Work life expectancy
• Reduced earning potential due to permanent injuries

4. Evidence Strength

Strong evidence supporting your claim helps secure better settlements. This includes:

• Medical records documenting injuries
• Police reports
• Security camera footage
• Witness statements
• Expert testimony

5. Insurance Coverage

Available insurance affects what you can actually collect. This includes:

• The attacker’s homeowner’s insurance
• Property owner’s liability insurance
• Business liability policies

Insurance Coverage Limits in Tennessee: Most small businesses carry $1-2 million in general liability coverage, while homeowner’s policies typically provide $100,000 to $300,000 in personal liability coverage.

Tennessee’s Comparative Fault Rules

Tennessee follows a “modified comparative fault” rule in injury cases. This means:

• If you were partly at fault (up to 49%), your compensation gets reduced by your percentage of fault
• If you were 50% or more at fault, you cannot recover any damages

This rarely applies in direct assault cases but might affect third-party liability claims.

Time Limits for Filing Assault Claims in Tennessee

The state gives victims just one year from the assault date to file a personal injury lawsuit. This is one of the shortest timeframes in the country.

Limited Exceptions to the One-Year Rule:

• For minors: The clock typically starts running when they turn 18
• When the victim is mentally incompetent: The limitation period may be “tolled” (paused) until competency is restored
• Criminal cases: Under T.C.A. § 28-3-104(a)(2), victims may have up to 2 years if criminal charges are filed against the attacker

Missing this deadline typically means losing your right to seek compensation.

Frequently Asked Questions

Can I still file a civil claim if criminal charges weren’t filed?

Yes. Civil cases have a different standard of proof (“preponderance of evidence”) than criminal cases (“beyond reasonable doubt”). You can pursue compensation even if the attacker wasn’t criminally charged or was found not guilty.

What if the person who assaulted me doesn’t have money to pay a settlement?

This is a common challenge. In some cases, homeowner’s insurance might cover the damages. For third-party claims against businesses or property owners, their liability insurance typically provides coverage. A lawyer can help identify all possible sources of compensation.

Will I have to face my attacker in court?

Many assault cases settle without going to trial. If your case does go to court, your lawyer can request protective measures and will prepare you thoroughly. The civil court process is designed to maintain safety and order.

Can I get compensation if the assault happened years ago?

Tennessee’s one-year statute of limitations makes this difficult. However, exceptions exist for cases involving minors or when the injury wasn’t discovered immediately. It’s worth consulting a lawyer to see if any exceptions might apply to your situation.

Talk to a Tennessee Personal Injury Lawyer Now

The legal process after an assault can be difficult, especially when you’re healing from injuries. The Higgins Firm helps assault victims across Tennessee get the compensation they deserve. We handle cases in Nashville, Chattanooga, Memphis, Knoxville, and throughout the state.

Our lawyers know how traumatic assault cases are and work to make the process as smooth as possible.

Call The Higgins Firm today to discuss your assault injury case and learn how we can help you move forward.