Tennessee Suing an Abuser for Money

You may have a right to seek justice from the abuser through the court system where you live. When people are injured by others, they are permitted to seek what the law refers to as “damages,” in the form of money, for such things as medical bills, lost wages or employment, physical and emotional pain and suffering, and, in some cases, to punish the abuser. Each state has its own laws on these subjects, but, for the most part, they are very similar when it comes to injuries from abuse. To do this, you will most likely need the help of a lawyer. Some lawyers will take a case like this for a “contingency fee,” which means the lawyer does not get paid unless you win in court, and then s/he takes a percentage, usually a third, of whatever damages the judge orders. Sometimes the judge will order the defendant to pay for your attorney’s fees.

If your damages are below a certain amount, you may be able to file on your own in small claims court, which is known as General Sessions Court in Tennessee. Small claims court is a less formal type of court, and many people are able to represent themselves without the help of an attorney. In Tennessee, you may file in General Sessions Court on your own for anything that is $25,000 or less; however, this limit doesn’t apply for a case in which you are suing to recover personal property. In other words, the property can be worth more than $25,000.¹ If you want to sue for more, you may need the help of a lawyer. You may talk to the clerk of court in your county for help in filing a lawsuit in small claims court. You can get more information by reading Legal Aid of East Tennessee’s Representing Yourself in General Sessions Court.

If you need help in finding a lawyer who can take your case for a contingent fee, you can contact the National Crime Victim Bar Association, which offers lawyer referrals to crime victims seeking to sue offenders.  

¹ Tenn. Code § 16-15-501(d)(1)