TN Supreme Court Case Affirms New Cause of Action
The Tennessee Supreme Court has established that a claim for negligent infliction of emotional distress is a separate stand alone cause of action. Okay, so what does that mean and what is the big deal? Generally, each insurance policy has a limit of coverage for each person. If someone is killed in a car wreck the limit for the death may just be $100,000.00 under the insurance. Obviously, if you have lost the family wage earner the family will need all the financial help they can get. As such, it is important to obtain the full recovery under the insurance policies. This seperate cause of action is often a way to increase the recovery.
One way we have been able to increase the policy coverage is under the now recognized separated claim . Specifically, if a person witnesses a tragedy involving a loved one they may be able to recover additional compensation for seeing that tragic loss. This is obviously not going to make up for any emotional loss but it may help recover some of the financial hardship. I know that if something happened to me i want my family to get all they can to help them through life without me.
I have now had a couple of wrongful death cases where we were able to double the financial recovery under this law. It is not available in every Tennessee wrongful death or serious injury case but it is important to look for it. If you have questions about this newly recognized separate claim feel free to give my Tennessee Law Office a call.
Author Bio
Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.
Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.
