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Tag Archives: Comparative Fault

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How Comparative Fault Can Affect Your Personal Injury Award

By John Willis |

Comparative fault is a critical concept in a Knoxville personal injury case. The basic idea is simple enough. A court must determine the relative fault of the plaintiff, if any, and reduce his or her damage award accordingly. But under no circumstances can a plaintiff recover if their comparative fault was equal to or… Read More »

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How Comparative Fault Affects Your Personal Injury Claim

By Brad Burnette |

Tennessee applies a comparative fault rule in personal injury cases. This means that if the plaintiff is “at least 50 percent” at fault for the underlying accident or injury, the defendant is not liable for any damages. Determining a plaintiff’s fault is therefore a key issue in many personal injury lawsuits. Cabin Owner May… Read More »

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Can I Be Blamed for My Doctor’s Malpractice?

By John Willis |

Comparative fault is a common defense raised in Tennessee personal injury lawsuits. Basically, the defendant claims the plaintiff’s actions somehow contributed to his or her injury. In a car accident lawsuit, for example, a defendant accused of negligent driving might argue the plaintiff was also negligent and therefore at least partially responsible for the… Read More »

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What If a Jury Finds I Am Partly to Blame for a Car Accident?

By John Willis |

In a car accident lawsuit, the defendant will often try to place at least some of the blame on the plaintiff or victim. There is an important legal reason for doing this. Tennessee adheres to what is known as a “modified comparative fault” rule in negligence cases. This means that if the defendant can… Read More »

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How Tennessee Law Limits Victims’ Recovery of “Noneconomic” Damages

By John Willis |

If you are injured in an automobile accident, you may still recover damages against the other driver even if a court determines you are partially to blame. Historically, Tennessee courts applied the common law rule of “contributory negligence,” which meant a plaintiff could recover nothing if he or she was even 1% responsible for… Read More »

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