In Tennessee, we have a modified comparative negligence system. In 1992 the Tennessee Supreme Court adopted modified comparative fault in MacIntyre v. Balentine 883 SW2d 52 (Tenn. 1992). Tennessee is one of 12 states that currently have modified comparative fault.
What this means as a practical matter is that if you are involved in an automobile, truck, or motorcycle accident the analysis of the claim and what damages you may/or may not recover depends on the percentage of negligence that is assigned to you. In a modified comparative negligence situation, the negligent party must be at least 51% percent at fault for the injured party to recover. The percentage of fault that is assigned to the injured party will decrease the payment of damages in that percentage amount. For example, if the negligent party is 75% at fault and the injured party is 25% at fault then the damages will be 75% of the total value of the claim. If you have a claim that the insurance company is evaluating they will only want to pay 75% of your damages for property damage, medical expenses, loss of earnings, pain and suffering, permanent injury, and loss of enjoyment of life. Likewise, if the case was tried before a jury your damages would be reduced by 25% of the damages that the jury awarded. If you have a situation involving a question of comparative fault, you should consult an attorney to advise and represent you.
Recent Comments