What is the Modified Comparative Fault Rule?
Tennessee uses a modified comparative fault rule when determining the final compensation for all victims of personal injury accidents. Determining how much fault a victim has can have a substantial impact on the overall award in an accident and can significantly affect a person’s physical and financial wellbeing after a crash. The experienced personal injury attorneys at Mitch Grissim & Associates understand the critical importance of the modified comparative fault rule and zealously defend our personal injury victims against any accusations of fault in their cases. To learn more, call or contact our office in Nashville to schedule a free consultation.
What is the Modified Comparative Fault Rule?
Under Tennessee law, the modified comparative fault rule, which is also known as modified comparative negligence, is utilized by the court to determine the degree of fault for every party involved in a personal injury accident. This rule applies to all personal injury legal cases, including auto accidents, pedestrian accidents, boating accidents, premises liability cases, and any other case where a person is hurt due to the negligent, reckless, or intentional acts of another.
Once the court determines the degree of fault for each party, the overall compensation for their claims is reduced by their percentage of fault. However, the modified comparative fault rule dictates that if someone is found to be more than fifty percent responsible for a personal injury accident, they are not allowed to collect any compensation for their injuries.
For example, if an auto accident causes a victim $100,000 in damages and are found 25 percent at fault under the modified comparative negligence rule, their total compensation is reduced to $75,000. However, in the same scenario if the victim is found 55 percent at fault for the accident, they can collect no compensation for their claims. Because the modified comparative fault rule can have such a substantial impact on a case, it is critical that accident victims retain top tier legal representation for their personal injury claims.
Determining the Degree of Fault
Determining the degree of fault for parties involved in an accident can be a lengthy and complex legal process. Much of the work in determining fault occurs during the discovery process of the case, which can include depositions, interrogatories, and requests for discovery. Your attorney will also investigate the details of the accident through police reports, accident reports, witness testimony, and photos of the scene.
Insurance companies will often try to trick victims into making statements against their own interest about a case in order to try and claim that a victim is actually at fault for an accident. When you hire an attorney the chances that an insurer can utilize this or other tactics is greatly reduced. If an agreement cannot be made about the degree of fault for parties in an accident, the case may go to trial for a judge to decide.
Call or Contact Us
If you would like to learn more about what your claims might be worth after a personal injury accident, contact the Nashville personal injury attorneys at Mitch Grissim & Associates today to schedule a free consultation of your case.
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