Most Conservative and Liberal Tennessee Jurisdictions for Personal Injury and Death Cases Over the Last 5 Years (July 1, 2009 – June 30, 2014) – A Statistical Analysis

I previously discussed major trends in Tennessee verdicts and the conservative or liberal nature of many counties in Tennessee for verdicts in personal injury cases.  This post is designed to provide updated statistics on the most recent data available so you have the best information covering the last five years.  This information can provide valuable insight on the risks associated with taking a case to trial in the various Tennessee jurisdictions.

The statistics contained in the below chart are for the 5 year period covering July 1, 2009 through June 30, 2014 (based on the most recent Tennessee judiciary reports currently available).  These numbers include both jury and non-jury cases (because the statistics available do not separate them out). I will list the counties in order with the most conservative at the beginning of the list and the most liberal at the bottom of the list (when I use the terms “conservative” and “liberal” I am simply referring to the percentages of cases where damages were actually awarded). 

Generally, most Tennessee counties are conservative when it comes to assessing damages in personal injury or death cases.  Overall, there were 2471 cases tried in Tennessee during this 5 year period.  A total of 931 resulted in monetary damages.  This means only 37.7% of personal injury cases that went to trial in Tennessee actually resulted in monetary damages over the last five years.  Also, remember that some cases go to trial where there is a stipulation or concession of liability and the only issue is the extent of monetary damages.  As a result, the actual percentage of cases where damages are awarded are probably significantly lower than the above statistics because of this factor that cannot be determined by the statistics.

The above information can provide valuable insight to attorneys, corporations and insurance companies on the general proclivities of certain Tennessee jurisdictions in personal injury cases.  The two most liberal jurisdictions (setting aside Coffee County which has a very small sample size) are Davidson County and Shelby County, as would be expected.  However, even in those counties, it is close to a 50/50 proposition on whether damages will be awarded or not.  When compared to my prior statistical report that was done covering a 7 year period from 2005 to 2012, it is clear most Tennessee jurisdictions have become more reluctant to award damages in personal injury or death cases.