Are there any limitations on damages that can be recovered in a professional negligence claim?
Yes, there are limitations on damages that can be recovered in a professional negligence claim in Tennessee. Generally, a plaintiff cannot recover damages for breach of contract or breach of guaranty unless the damages are clearly specified by the contract or guaranty at issue. In the state of Tennessee, if a plaintiff is awarded damages for breach of contract, the amount of damages awarded should not exceed the amount of the contract or guaranty or the actual damage suffered by the plaintiff, whichever is less. In a professional negligence claim, the damages awarded to the plaintiff may also be limited to the amount of the plaintiff’s net economic damages. This means that any costs associated with medical expenses, lost wages, or other losses related to the negligent act or omission are recoverable, but any pain and suffering, physical or emotional damages, or other costs that cannot be quantified in terms of dollars is not recoverable. Additionally, Tennessee law requires that the plaintiff in a professional negligence claim must show that the damages awarded are reasonable and necessary. The court must decide what a reasonable and necessary award of damages would be in any particular case. Damages that are deemed to be excessive or that lack a reasonable basis for their award may be reduced or denied by the court.
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