When it comes to personal injury lawsuits in Tennessee, one of the most important legal concepts to be familiar with is comparative negligence. Comparative negligence is a legal principle that comes into play when both the plaintiff (the injured party) and the defendant (the allegedly negligent party) share responsibility for causing the accident or injury. Understanding how comparative negligence works can be crucial to determining fault, damages, and ultimately, compensation.
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What is Comparative Negligence?
Comparative negligence is a legal doctrine used in civil cases, such as personal injury lawsuits, to determine how much compensation an injured party may recover when the plaintiff and the defendant are both partially at fault. This principle acknowledges that more than one party may be responsible for an accident or injury.
Under comparative negligence, a plaintiff can still receive damages from the defendant even if they were also partially at fault for the incident. The compensation amount will be reduced proportionally based on the percentage of fault attributed to each party for the incident.
In Tennessee, comparative negligence follows the "modified comparative fault 50 percent rule." This means that an injured person can only recover damages if they are found to be less than 50% responsible for the accident or injury. If the plaintiff is found to be 50% or more responsible, they cannot recover any damages.
How is Comparative Negligence Determined?
Determining who is at fault in a personal injury case can be complex. The facts and evidence of a case will need to be examined to determine each party’s responsibility. Factors such as eyewitness testimony, police reports, and physical evidence such as skid marks, accident debris or property damage will be taken into account.
Once the facts have been established, the jury will be tasked with assigning a percentage of fault to each party. This percentage will determine how much compensation the plaintiff is entitled to receive.
For example, if a jury finds that the plaintiff is 20% responsible for the injury, and the defendant is 80% responsible, the plaintiff can recover damages, but the amount will be reduced by 20%.
Advantages of Comparative Negligence in Tennessee
Comparative negligence provides several benefits to plaintiffs in Tennessee personal injury cases.
More Fair and Just Outcomes
First, comparative negligence ensures that all parties are held accountable for their actions, and the responsibility and financial burden are distributed in a way that is more fair and just.
Damages Are Not Off-Limits
Secondly, because Tennessee follows the modified comparative fault rule, even if a plaintiff is partially at fault for their own injury, they may still be able to recover partial damages. This allows injured parties to receive at least some level of compensation, even if they made a mistake or error that contributed to the incident.
Encourages Careful Behavior
Finally, comparative negligence can help to promote careful and responsible behavior. If individuals and businesses know that they can be held partially liable for accidents or injuries, they may be more likely to take steps to prevent potential harm from occurring in the first place.
Contact a Personal Injury Attorney in Tennessee
If you have been injured due to someone else’s negligence, you may be entitled to compensation. However, the process of a personal injury lawsuit can be complex, and navigating the world of personal injury law can be difficult on your own.
It is essential to work with an experienced personal injury lawyer who can help you understand your rights, navigate the legal system, and fight to ensure that you receive the compensation you deserve.
Contact an experienced personal injury attorney in Tennessee today to schedule a consultation and learn more about your legal options.