How Modified Comparative Fault Affects Personal Injury Claims

Every state uses one of three methods to help determine fault and its impact on personal injury claims. In Tennessee, the courts use a modified comparative fault standard to assess the impacts of fault in an accident, but not many injury victims understand how this rule may impact their claim. At the law office of Mitch Grissim & Associates, our experienced Nashville personal injury attorneys are here to answer all your questions and zealously advocate for your case after an accident. To learn more, call or contact our office to schedule a free evaluation of your claims.

Comparative and Contributory Fault

Two types of fault analysis used by some states in personal injury cases is pure comparative and contributory fault. Under the comparative fault system, the court determines the degree of fault for each party involved in an accident and reduces the overall award by that percentage. For example, if a victim suffers $100,000 in damages in a car accident and is found thirty percent at fault, the total compensation is reduced to $70,000. In the same scenario, if the victim is found ninety percent at fault, their compensation is reduced to $10,000.

Under the contributory fault system, which is less common than comparative fault, an injury victim is barred from collecting any compensation if they contributed even the slightest bit to the accident. Even if a victim is only one percent at fault for the injuries sustained they are banned entirely from collecting compensation. The reasoning behind contributory fault is that a victim cannot hold someone else responsible for injuries they contributed to.

Modified Comparative Fault

Tennessee uses a modified comparative fault system, which is often seen as the middle ground between comparative and contributory methods. Under the modified comparative fault rule, the court determines the degree of fault for each party involved in the accident and reduces their compensation by that percentage. However, if a party is found to be fifty percent or more at fault for the accident they are barred from collecting any compensation for their injuries. For example, if a victim suffers $100,000 in damages in a car accident and is found thirty percent at fault, the total compensation is reduced to $70,000. In the same scenario, if the victim is found ninety percent at fault, they collect nothing in compensation because their fault was greater than fifty percent. To learn more about how modified comparative fault may impact your personal injury case, talk to an experienced lawyer today.

Talk to Our Office Today

Have you been injured in an accident in the Nashville area that insurers are trying to blame you for? Determining the level of fault in an accident can mean the difference between getting the compensation you need and receiving nothing for your case. If you have concerns about how fault may affect your personal injury case, the knowledgeable Tennessee personal injury lawyers at Mitch Grissim & Associates can help. Call the office or contact us now to schedule a free consultation.

Resource:

law.cornell.edu/wex/contributory_negligence