How Tennessee’s Comparative Fault Rule Can Affect Your Personal Injury Claim

If you suffer an injury in Tennessee because of another party’s fault, you are likely considering filing a personal injury claim, and you are right to do so. However, it’s crucial to note that the success of your case might depend on more than proving that the other party was negligent. Tennessee is among the states that follow the modified comparative fault rule, which can have a significant impact on whether you can recover damages and how much you can actually recover. It is vital to understand how this law works before moving forward with your personal injury claim. Read on!

Understanding Comparative Fault

Comparative fault/negligence is a legal doctrine in the United States that assigns fault percentages when more than one person is involved in an accident. If you are not to blame for the accident, you are generally assigned zero percentage of the blame, whereas if you are found at fault, you are assigned a percentage of fault between 1 and 100. Fault percentages are determined by what each involved party did or failed to do.

For example, suppose you were involved in a car accident where the other driver ran a red light, but you were speeding. In such a case, both of you might share responsibility for the accident. Under the comparative fault rule, when both parties share blame, damages are reduced in proportion to the plaintiff’s share of fault.

Tennessee’s Modified Comparative Fault Rule

As mentioned at the beginning of this article, Tennessee follows the modified comparative fault rule. Under this rule, whether or not you can recover compensation in a personal injury claim depends on your percentage of fault. Tennessee uses the 50% bar rule, meaning you can only recover compensation if you are less than 50% at fault.

If your fault is below the state’s threshold, your total damages will be reduced by your percentage of fault. For example, suppose you are 20% to blame, and your damages total $150,000. In such a case, you would recover $120,000.

The strict modified comparative rule in Tennessee makes accurate fault determinations extremely crucial in personal injury cases.

How Comparative Fault Impacts Settlement Negotiations

Comparative fault in Tennessee can significantly impact settlement negotiations by giving the defendant’s insurance company leverage to offer less compensation or deny your claim. The insurance company may argue that you share blame for the accident and are therefore not entitled to full compensation (if they claim you are 49% or less at fault) or any compensation (if they claim you are more than 49% at fault). This makes strong evidence and legal counsel vital.

Evidence Use to Determine Fault in a Tennessee Personal Injury Claim

Attorneys, insurance adjusters, and juries use different types of evidence to determine fault in Tennessee personal injury cases, including:

• Police and accident reports
• Eyewitness statements
• Photos or video footage
• Medical records
• Expert testimony

An experienced Tennessee personal injury attorney can help you gather evidence that can help prove that the other party is entirely to blame or reduce your fault percentage. They can also challenge unfair insurance company assessments. An attorney can help you recover the compensation you deserve.

Contact a Knoxville Personal Injury Attorney

If you’ve been injured by another party’s negligence in Tennessee, our Knoxville personal injury attorneys at Reynold, Atkins, Brezina & Stewart, PLLC can help you navigate comparative fault issues and pursue the compensation you deserve. Contact us today to schedule a consultation.