When it comes to Tennessee personal injury claims, there are terms and practices you may come into contact with that you may be unsure of. We know that when you are injured due to the recklessness of someone else, or because someone failed to act within their assumed duty to protect others, you have a lot to handle. And of course, dealing with the nuances of personal injury law is not one more thing you need on your plate. The attorneys of Martin Heller Potempa & Sheppard, PLLC know this and want to make sure you feel comfortable in your personal injury case.
These are a few concepts you may come into contact with should you be involved in a personal injury case.
Sometimes in personal injury cases, the accident did not occur solely at one fault of another. Instead, both parties share the fault. In these shared fault cases, the comparative fault rule is applied in Tennessee.
Under the comparative fault rule, the Tennessee courts will review the amount of fault by each party, and adjust the damages awarded accordingly.
For example, say you are involved in a traffic-related collision. You are at a red light when you get rear-ended by another driver. Seems like it should be that driver’s fault for the damage to your car, right?
Well, that would have been the case if your brake lights had been working. But instead, the court decides that because of your car’s mechanical issues, you are partially at fault.
The court rules that you are 20 percent to blame for the accident for the accident and the other driver assumes 80 percent. So how does that impact the damages you are awarded?
Let’s estimate that the fender-bender totaled $10,000 in damage. Since you were 20 percent responsible, you assume $2,000 worth of the damages; therefore, your compensation is now $8,000.
What’s important to remember in shared fault claims is that so long as you are less than 50 percent at fault, you will still be able to recover damages. Once you are over 50 percent, you will be unable to receive compensation.
Strict Liability – Personal Injury Claims
In personal injury cases, strict liability simply means that liability is not dependent on actual negligence, but is more so a breach of duty to make sure something is safe, or that the defendant had acted in a controlled, safe manner.
Strict liability most often falls under product liability claims of personal injury law.
In 2011, Tennessee implemented damage caps on non-economic damages for most personal injury cases at $750,000. If the injuries include amputation of a limb, severe burns, paralysis from a spinal cord injury, or the death of a child’s parent, damages are capped at $1,000,000. These caps apply to all types of personal injury cases.
Contact Our Tennessee Personal Injury Lawyers Today
At Martin Heller Potempa & Sheppard, PLLC, we understand the pain you are going through. That is why our experienced Tennessee personal injury attorneys are here to help. If you have been injured due to someone’s negligence, we can help you explore your legal options and protect your rights. Please contact our office today to set up a consultation so we can discuss your claim.