If you are at fault for an accident in Tennessee, that means you may have to pay for some of the damages you suffered. Tennessee is an at-fault state. That means the other party – or their liability insurance – pays for the losses they cause to others. When you are partially responsible for the accident, that could mean your compensation is lowered. The only way to know the maximum amount you could be owed is to work with a Nashville accident attorney.
Modified Comparative Negligence in Tennessee
Though many states handle the process differently, Tennessee laws follow the premise of modified comparative negligence. That means that if you are responsible for a portion of the accident, you can still file a claim for your losses against the other party. However, your claim is reduced by the percentage of fault assigned to you.
If you are found to be 50% or lower at fault, that means you can still pursue compensation for the amount of your damages reduced by that percentage. If you are found 51% or higher at fault, that means you cannot pursue any compensation from the other party.
For example, if you are in an accident in which the other driver was mostly at fault – say 80%, but you were 20% at fault, you can file a claim against that party. However, your claim’s value is reduced by 20%, or your fault level.
The Importance of Reducing Your Fault Percentage
In cases like this, it is critical to work with a personal injury attorney in Nashville who will help you demonstrate that your percentage of fault is as low as possible. Doing so allows you to reduce the amount of impact your percentage of fault has on the claim award.
Your attorney will gather information and resources to support your claims. For example, they may submit evidence that shows you really were not at fault at all. Even if the police report blames you, it may be possible to prove that this is not true based on the evidence your attorney seeks and applies to your case.
The Importance of an Attorney
Because there is so much monetary loss on the line, it is quite important for victims to work with a trusted and experienced personal injury attorney in Tennessee. If you are blamed for any type of accident, even at the smallest level, it is worth speaking to an attorney who can help reduce that percentage as much as possible and seek full compensation for you.
Attorneys are often able to demonstrate what all of your losses are, and that could mean you are owed far more than what you expected to owe. This can offset some of the loss associated with your percentage of fault.
Every Case Is Different
If you were partially at fault in an accident in Tennessee, do not assume you cannot take legal action. Most of the time, you can do so. With the guidance of your personal injury attorney, you may be able to demonstrate that you are owed compensation. Your lawyer can also help you file a claim against your own insurance, if applicable, and hold them accountable for your losses.
Most attorneys offer a free consultation. It is certainly worth a conversation to find out what can be done in your case to ensure you receive as much compensation as possible to help rebuild your life.