When it comes to personal injury cases, different states in the US may have different laws and regulations. One of the concepts that may come up in personal injury cases in Tennessee is contributory negligence. In this article, we’ll explore what contributory negligence is, how it works in Tennessee personal injury cases, and how it can affect your case.
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What is Contributory Negligence?
Contributory negligence is a legal principle that may limit a plaintiff’s ability to recover damages in a personal injury case if they are found to have contributed to their own injuries in some way. In other words, if the plaintiff’s own negligence or actions played a part in their injuries, they may be barred from recovering damages from the defendant.
This principle is different from comparative negligence, which allows the plaintiff to recover damages proportionate to the defendant’s degree of fault even if the plaintiff is partially responsible for their own injuries.
How Does Contributory Negligence Work in Tennessee?
In Tennessee, contributory negligence is still recognized as a valid defense in personal injury cases. This means that if the defendant can prove that the plaintiff was also at fault for their injuries, the plaintiff may be barred from recovering damages.
However, Tennessee also recognizes comparative fault, which allows the plaintiff to recover damages as long as their degree of fault is less than 50%. If the plaintiff is found to be 50% or more at fault, they cannot recover anything.
It’s worth noting that in Tennessee, contributory negligence can be a complete defense. In other words, even if the plaintiff is only 1% at fault, they may still be barred from recovering damages.
How Can Contributory Negligence Affect Your Case?
If contributory negligence is raised as a defense in your personal injury case, it will be up to the jury to determine whether you were partially at fault for your injuries. They will have to evaluate the evidence presented by both sides and determine the percentage of fault assigned to each party.
If the jury finds that you were partially at fault, it can significantly impact the damages you can recover. For example, if you were seeking $100,000 in damages but were found to be 30% at fault for your injuries, you would only be able to recover $70,000.
It’s important to note that even if you believe you may have contributed to your injuries in some way, you should still seek the advice of a personal injury attorney. They can help you evaluate the strength of the defense’s argument and determine the best course of action for your case.
Conclusion
If you’re involved in a personal injury case in Tennessee, you may need to be aware of the concept of contributory negligence. This legal principle can limit your ability to recover damages if you’re found to have contributed to your own injuries in some way. While it can be a difficult defense to overcome, working with an experienced personal injury attorney can help you navigate the legal process and get the best possible outcome for your case.