Tennessee’s Modified Comparative Fault Rule in Personal Injury Cases
A person injured in an accident in Tennessee deserves to be compensated for their injuries. Damages from an accident include all economic and noneconomic costs incurred by the victim, but that is not the end of the calculation in Tennessee personal injury claims. The determination of fault plays a massive role in dictating the ultimate award that an accident victim will receive for their injuries, if any at all. At Mitch Grissim & Associates, our team of dedicated Nashville personal injury lawyers is here to zealously advocate for you after an accident and fight for the compensation you deserve for your injuries. Call or contact us today to schedule a free consultation.
Compensation for Personal Injury Claims
An accident victim is compensated for all economic and noneconomic losses inflicted by their injuries. Economic damages refers to all out of pocket costs, such as medical expenses, lost wages, property damage, and the loss of future income and benefits. Medical expenses can include all present and future hospitalizations, medications, treatment, surgeries, rehabilitation, and transportation costs. Noneconomic damage compensates the victim for their pain and suffering, emotional distress, disability, disfigurement, and the loss of enjoyment of life. Once the economic and noneconomic damages are calculated for the case, the court then decides whether any level of fault should reduce a victim’s compensation.
The Modified Comparative Fault Rule
Tennessee uses a modified comparative fault rule in almost all personal injury cases. The court hears evidence and determines the degree of fault for every party involved in the accident, which then reduces each party’s compensation by their percentage of fault. However, under the modified rule, if a party is found to be fifty percent or more at fault for the accident they are barred from recovering any compensation for their claims. For example, if a car accident caused a victim $100,000 in damages and they were found 25 percent at fault for the crash, the total compensation would be reduced to $75,000. In the same example, if the victim was found sixty percent at fault for the accident, they would receive nothing for their $100,000 claim.
You Need an Experienced Personal Injury Attorney
Hiring an experienced Tennessee personal injury attorney is your best chance at fighting any accusations of fault and walking away with the compensation you deserve for your injuries after an accident. An attorney knows the law and has experience advocating for clients accused of responsibility in an accident. Your lawyer will be able to take on the insurance companies trying to mitigate their own losses and ensure that you receive compensation that reflects the full and fair value of your damages.
Let Us Help You Today
If you or a loved one has been injured in an accident in the Nashville area, trust the best in personal injury litigation to handle your case. Call the office or contact us today at Mitch Grissim & Associates to schedule a free evaluation of your case.