The Tennessee General Assembly has placed multiple barriers to justice for injured parties in both medical malpractice/healthcare liability cases and other personal injury matters. In 2011, Tennessee passed tort reform limiting the amount of non-economic damages that can be recovered by injured parties to $750,000.00 in most cases and $1,000,000.00 in certain cases that fall within a limited group of exceptions. By doing so, the legislature took away the right to have a jury determine justice. The lawyers at Callahan & Binkley believe that this legislative action violates the Tennessee Constitution and have challenged the law at the trial court level in multiple cases. It is only a matter of time before the Tennessee Supreme Court will have an opportunity to determine whether these “damage caps” are in violation of the Tennessee Constitution. The lawyers at Callahan & Binkley will continue to fight the damage caps on behalf of their clients until that time comes.
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