How Modified Comparative Fault Works in Tennessee

Winning a personal injury case requires proving the four components of negligence. All four must be proven or there is no case. 

Duty of Care: As the plaintiff, you have the legal obligation to demonstrate that the defendant owed you a duty of care. In some cases, this might be obvious, like when there’s a car accident on a public road. Other cases though, can have considerable nuance. Is there a duty of care owed by a homeowner to the person who comes uninvited to a party? If a biker runs into an opening car door in a private driveway, is there a duty of care involved? Our lawyers will work with you to evaluate your case and establish what it will take to establish duty of care. 

Breach of Duty: A harsh reality of life is that some accidents really are just bad luck, where no one did anything wrong. For a personal injury case to take hold, it must be demonstrated that the defendant breached the duty of care that was owed. The driver who speeds through a residential area has breached their duty. The homeowner who invites houseguests, but doesn’t fix a nail protruding from the front steps may have breached their duty. The accidents that arise from these breaches are not merely bad luck–they were avoidable. It’s your attorney’s job to prove that. 

Causation: Your personal injury lawyer must establish a clear connection between the defendant’s breach of duty and your injuries. You might think this is obvious, and in some cases it will be. But not always. Let’s say your accident was a fender-bender where you suffered a back injury. What if you have a pre-existing back problem, like scoliosis? The defendant may argue that it was this pre-existing condition, not the accident, which was the cause of your injuries. 

Damages: The last step in establishing negligence is to show that you were damaged by the above three factors. Now, if you suffered a broken ankle because the shopping mall left potholes in the parking lot, the damages will be clear for all to see. But what if this same fall gave you a badly sprained ankle. It hurts a lot in the moment, and you can even still feel the aftereffects a bit, your life hasn’t been seriously altered? If it’s the latter, the issue of damages might not be present. It’s your lawyer’s job to first ask you all the relevant questions of how the injury has impacted you, and then to make your pain and suffering clear to the court. 

How Long Do I Have to File a Personal Injury Claim in Tennessee?

According to Tennessee Code Annotated section 28-3-104, the statute of limitations for personal injury cases in the state of Tennessee is one year. This means you have one year from the date your injury occurred to file your claim, or you will lose your right to file and your right to recover compensation. 

Some exceptions do exist that can change this time limit so it’s important to speak to an skilled attorney about the specifics of your case as soon as you can. Morrissey, Morrissey & Rydzik, LLC offers free, no-obligation consultations so you have nothing to lose by contacting our firm today!

Proving negligence is just the first step. Now you have to make sure all your losses are adequately compensated for in the settlement. Call the Warren County personal injury attorneys at Galligan & Newman, either at (931) 473-8405 or here online.