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  • Writer's pictureRobert Schuerger II

What If My Personal Injury Was Partially My Fault? | TN Comparative Fault Law

Under personal injury law, injured victims may be able to pursue a claim or lawsuit to recover the damages caused by another's negligence. However, in comparative fault states, the affected party may seek compensation even if they're partially liable for their car accident injuries. It's important for people to know their local state laws to understand their rights and navigate the legal process.


Schuerger Shunnarah Trial Attorneys have a deep understanding of Tennessee laws. They have decades of combined experience practicing personal injury law in the state and have helped recover over a billion dollars in damages for their clients.


Those who have suffered injuries due to another's negligence in a car accident in Nashville, Tennessee, should reach out to Schuerger Shunnarah Trial Attorneys for legal representation. They can also consult on the catastrophic injury legal definition.


What If My Personal Injury Was Partially My Fault?

What If My Personal Injury Was Partially My Fault?


TN was a contributory negligence state before the Tennessee Supreme Court ended that rule in 1992. Now, the state follows the comparative negligence rule, which can affect car accident victims and their right to pursue legal action.


Contributory Negligence Rule and Personal Injury Lawsuits in Tennessee

Before the Tennessee Supreme Court ended the contributory negligence rule in the state in 1992, the legal landscape was much different than what it is now.


Under the contributory negligence rule, car accident victims cannot recover damages if they're partially responsible. Even if the affected party is 1% liable for the damages caused, the law bars them from obtaining compensation from the party that is 99% at fault for their injuries.


Before 1992, Tennessee was a contributory negligence state that did not allow injured victims to obtain compensation even if they were partially at fault. However, today, the laws and guidelines that govern car accidents are much different.


Comparative Negligence Rule and Personal Injury Cases in Tennessee

Today, Tennessee is a modified comparative negligence state that follows the "49% rule". Injured victims who are 49% or less responsible for their injuries may be able to pursue personal injury lawsuits against the negligent parties to recover compensation.


It's important to note that under the comparative fault state rules, the car accident victim's percentage of fault should not be equal to or greater than the negligent party's degree of responsibility for the injuries caused.


Does Comparative Fault Affect Compensation in Tennessee?


While the Tennessee comparative negligence rule allows the injured victims the right to pursue personal injury lawsuits even if they're partially responsible (49% or less), the law can adversely impact the compensatory damages they may be able to recover.


Here is an example to explain the impact of the comparative negligence rule on the compensation amount:


Jerry is driving in Tennessee and sees a green light at a traffic signal. He steps on the accelerator to speed up to make it in time.


As he is about to enter the intersection, he gets hit by Samantha, who runs a red light, causing serious injuries to both drivers. 


After the car accident occurred, Jerry immediately sought medical attention, resulting in $150,000 in medical expenses and other damages.


In the above example, the court will examine the facts surrounding the personal injury case if Jerry decides to file suit.


If the court finds that Jerry is partially at fault (20%) due to speeding, he can still pursue compensatory damages. However, the degree of fault will affect the award, and he may only receive $120,000 (80% of the economic and non-economic losses).


Should the Injured Victim Reach Out to an Experienced Car Accident Attorney in Tennessee?


Auto accidents can have a devastating impact on the victims' lives. It can lead to serious injuries and, in some cases, permanent disabilities, which can adversely affect the victim's quality of life. 


It's crucial for the injured victim to bring a civil action against the at-fault party to hold them responsible and recover the compensation they deserve.


Since injured victims can recover compensatory damages in a modified comparative fault state, they must start collecting evidence at the time of the accident. 


The negligent party's insurance company will use every dirty tactic to reduce or reject the claim, which is why building a strong case is essential.


Building a strong personal injury case can be challenging, and dealing with the insurance company may lead to a lot of stress. While the insurer may be quick to offer a low settlement, it's in the best interests of the affected party to stand their ground.


Oftentimes, victims are quick to accept the initial settlement offer just to end their interaction with greedy insurance companies and their unsympathetic claim adjusters and move on with their lives. However, they later face a financial crunch from the rising medical expenses and other damages.


An experienced car accident attorney in Tennessee can help protect the rights of injury victims from insurance companies, handle the paperwork, and negotiate a fair settlement. They can navigate the pitfalls of a personal injury lawsuit and adhere to the local laws, increasing the victim's chances of recovering compensation. They can also help with questions such as can I hire a personal injury lawyer from another state?


Why Choose Schuerger Shunnarah Trial Attorneys

Why Choose Schuerger Shunnarah Trial Attorneys


When a motor vehicle accident happens, it may leave the victim in a dire physical, mental, and financial state. It's crucial that they reach out to a skilled personal injury attorney in Nashville TN like Schuerger Shunnarah Trial Attorneys for legal representation.


Here are a few reasons why an injured victim in Nashville, Tennessee, should choose Schuerger Shunnarah Trial Attorneys for legal assistance:


  • Schuerger Shunnarah Trial Attorneys understand how things work in Tennessee, and they can help navigate the state laws and comparative negligence rules.

  • Proving liability without legal representation can be challenging. The legal team at Schuerger Shunnarah Trial Attorneys can gather evidence, build a strong case, and establish fault.

  • Schuerger Shunnarah Trial Attorneys have lawyers with experience working for insurance companies. These stormtroopers-converted Jedi Knights are ready to use insider secrets to bring the insurer to the negotiating table and negotiate a fair settlement.

  • When the insurer fails to offer a fair settlement, the Schuerger Shunnarah Trial Attorneys are not afraid to take matters to court.


Schuerger Shunnarah Trial Attorneys Are the Legal Jedi Knights Injured Victims Need in Tennessee!


Those who have suffered injuries in a car accident in Nashville, Tennessee, should call to schedule a free consultation with the experienced Schuerger Shunnarah Trial Attorneys, as they may be eligible for compensation. They can assess the facts surrounding the case before going to war against negligent parties and their insurance companies!

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