Detailed Answer
1. Recognize Travel Expenses as Recoverable Damages
Under Tennessee law, you can recover reasonable travel expenses you incur getting to and from medical appointments related to your personal injury. These costs qualify as “special damages” when you properly document them and include them in your case.
2. Keep Accurate Records
Track every trip from the moment you leave home until you return. Use a dedicated log or smartphone app to record:
- Date of travel
- Purpose of the appointment
- Distance traveled (miles)
- Mode of transportation (personal vehicle, taxi, public transit)
- Parking fees, tolls, or transit receipts
3. Calculate Mileage Reimbursement
For personal vehicles, use the IRS standard mileage rate in effect for the year of travel (see IRS Standard Mileage Rates). Multiply the total business miles by that rate to establish a dollar figure.
4. Disclose Travel Expenses Early
Under Tennessee Rule of Civil Procedure 26.02(1)(a)(iv), you must identify all categories of damages you seek, including travel costs, in your initial disclosures. Provide your log, receipts, and mileage calculations to opposing counsel.
5. Plead Special Damages with Specificity
When you file your complaint or amended complaint, list travel expenses as separate line items under “special damages.” Tennessee Rule of Civil Procedure 8.03 requires you to state the amount and nature of each special damage you claim.
6. Introduce Evidence at Trial
At trial, admit your travel log and receipts as business records under Tennessee Rule of Evidence 803(6). A custodian or qualified witness should testify that the entries were made in the regular course of business to satisfy evidentiary requirements.
7. Include Travel Costs in Settlement Negotiations
When you prepare a settlement demand, attach your organized travel records and calculations. Presenting clear documentation increases the likelihood that an insurer or defendant will agree to reimburse those expenses.
Helpful Hints
- Use a dedicated mileage-tracking app to automate logging.
- Submit appointment confirmations with your log to corroborate dates.
- Keep paper and digital copies of all receipts for at least five years.
- Coordinate with your medical provider for travel letters if you need long-distance care.
- Review your pre-trial disclosures closely to avoid waiver of travel claims.
- Consult with your attorney about the IRS rate versus actual cost method if you rent a vehicle.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss the specifics of your case.