When you’re involved in a personal injury case in Tennessee—whether it’s a car accident, slip and fall, or another type of claim—understanding the concept of comparative fault is essential. This legal principle can significantly affect the amount https://cummings.law/ of compensation you receive, depending on your degree of responsibility for the incident.
What Is Comparative Fault?
Comparative fault (also known as comparative negligence) is a legal doctrine used to determine how much responsibility each party bears in an accident or injury. Under this system, the fault for an accident can be shared among all parties involved—including the injured person.
Tennessee follows a modified comparative fault rule. This means that an injured party can still recover damages as long as they are less than 50% at fault for the incident. If the injured party is found to be 50% or more at fault, they are barred from recovering any compensation.
How It Works in Practice
Let’s say you’re involved in a car accident, and a jury determines that your total damages amount to $100,000. If the jury also finds that you were 20% responsible for the accident, your compensation would be reduced by 20%. So instead of receiving the full $100,000, you would recover $80,000.
However, if you were found to be 55% at fault, you would recover nothing under Tennessee law.
Why It Matters
Understanding comparative fault is important for several reasons:
- Insurance negotiations: Insurance companies often use this rule to minimize their payout. If they can show that you share some responsibility, they may offer less in a settlement.
- Trial strategy: If your case goes to court, evidence about your level of fault will play a central role in the jury’s decision.
- Case value: Even if you are partially at fault, you may still be entitled to compensation. Don’t assume you have no case just because you share some blame.
Common Scenarios Involving Comparative Fault
- Car accidents: If both drivers were speeding, the court may apportion fault between them.
- Slip and fall cases: If someone ignores a warning sign or fails to pay attention, they may be found partially responsible.
- Product liability: A consumer misusing a product may be partially at fault for their own injuries.
Final Thoughts
Comparative fault is a key factor in many personal injury cases in Tennessee. If you’ve been injured and think you might be partially at fault, you should still speak with an experienced personal injury attorney. They can help you understand your rights and build a case that fairly represents your side of the story.