Tennessee Code Annotated

Tenn. Code Ann. § 20-9-304 (2026)

Monetary value of pain and suffering permitted in argument

✓ current as of May 2026

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In the trial of a civil suit for personal injuries, counsel shall be allowed to argue the worth or monetary value of pain and suffering to the jury; provided, that the argument shall conform to the evidence or reasonable deduction from the evidence in such case.

Acts 1963, ch. 79, § 2; T.C.A., § 20-1327.

Notes of Decisions

Cited in 3 cases, 2010–2020 · leading case: Amanda Elliott v. R. Michael Cobb, 320 S.W.3d 246 (Tenn. 2010).

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Amanda Elliott v. R. Michael Cobb, 320 S.W.3d 246 (Tenn. 2010). · cites it 25× “In Tennessee, counsel for civil litigants are allowed to: (1) “read the counsel’s entire declaration, including the amount sued for, to the jury at the beginning of the lawsuit, and may refer to the declaration in argument or summation to the jury,” Tenn. Code Ann. § 20-9-302…”

Amanda Elliott v. R. Michael Cobb - Concurring (Tenn. 2010). · cites it 6× “I concur with the Court’s conclusion that Tenn. Code Ann. § 20-9-304 (2009) permits lawyers to “argue the worth or monetary value of pain and suffering to the jury” in medical malpractice cases.”

A. J.J. T. v. United States (M.D. Tenn. 2020). “Non-Economic Damages Under Tennessee law, the plaintiff in a civil suit for personal injuries “shall be allowed to argue the worth or monetary value of pain and suffering .”

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