How Do I Prove Fault In A Personal Injury Claim In Tennessee?

Personal injury claims can arise from a variety of situations, such as car accidents, slip and falls, medical malpractice, and more. In Tennessee, if you have been injured due to the negligence of someone else, you may be entitled to compensation for your damages. However, in order to receive compensation, you must prove that the other party was at fault for causing your injuries. Here’s what you need to know about proving fault in a personal injury claim in Tennessee.

Understanding Negligence

In order to prove fault in a personal injury claim, you and your attorney will need to establish that the other party was negligent. Negligence is the failure to exercise the degree of care that a reasonable person would have exercised in the same situation. In other words, if someone acted in a careless or reckless manner that caused your injury, they may be held liable for your damages.

Gathering Evidence

To prove negligence, you will need to gather evidence that supports your claim. This may include:

  • Police reports and accident reports
  • Witness statements
  • Medical records and bills
  • Photographs or video of the accident scene or injuries
  • Expert testimony

You will also need to establish a timeline of events leading up to the accident, including any actions taken by the other party that may have contributed to the incident.

Proving Elements of Negligence

In addition to establishing that the other party was negligent, you will need to prove the following elements of negligence:

  • Duty of care: The other party had a duty to exercise a reasonable degree of care to prevent harm to others.
  • Breach of duty: The other party failed to meet their duty of care.
  • Causation: The other party’s breach of duty caused your injuries.
  • Damages: You suffered actual damages as a result of the other party’s negligence.

Your attorney will work to gather evidence that directly supports each of these elements.

Comparative Fault

It’s important to note that Tennessee follows a modified comparative fault rule. This means that if you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you were found to be 25% at fault for a car accident and your damages totaled $10,000, your compensation would be reduced by $2,500.

Statute of Limitations

Finally, it’s important to understand that there is a limited amount of time to file a personal injury claim in Tennessee. The statute of limitations for personal injury claims in Tennessee is one year from the date of the accident. This means that you must file your claim within one year of the accident or you may lose your right to seek compensation.


Proving fault in a personal injury claim in Tennessee requires gathering evidence and proving that the other party was negligent and their negligence caused your injuries. By working with an experienced personal injury attorney, you can build a strong case and seek the compensation you deserve.

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