What if I’m Partially at Fault for the Accident?
Most, if not all, personal injury claims involve some level of shared liability. Some claimants even agree to accept a small percentage of liability in exchange for a quick settlement. Partial fault for an accident does not always prevent you from obtaining valuable personal injury damages with the help of an experienced Nashville personal injury lawyer from Raybin & Weissman.
Overview of Tennessee Modified Comparative Fault Laws
Every state has a system for apportioning liability after accidents, especially in the following cases:
- Car crashes
- Pedestrian accidents
- Dog bites
- Slip and falls
- Medical malpractice
- Civil assault and battery (fights)
In Tennessee, you might still obtain partial personal injury damages from the primarily liable party if you’re less than 50% liable for the accident. This means careful pedestrians who cross the road outside of a Nashville crosswalk (jaywalking) might still demand compensation from a negligent speeding or drunk driver. Our experienced car accident lawyers commonly handle motor vehicle cases involving shared liability, as many traffic accidents are not black-and-white.
Fighting for Fair Fault Determinations in Nashville
Unfortunately, most liable insurance companies immediately take advantage of potential shared fault. The more fault they can assign to you, the less damages they must pay. The liability adjuster might drastically increase your fault percentage for minor legal violations, such as a broken brake light, that did not significantly contribute to a serious rear-end collision. Even if you were partially at fault for an accident in Davidson County, an experienced personal injury attorney can fight for a fair fault determination based on the reasonable facts of your case. Do not admit fault or settle your accident claims without first speaking with a dedicated Nashville lawyer.
Recovering Personal Injury Damages in Shared Liability Cases
If another person or entity’s negligent conduct caused you harm, you might demand personal injury damages in Tennessee. These damages could include compensation for the following:
- Past and future medical expenses
- Lost income and benefits
- Property damage
- Physical pain
- Emotional suffering
- Inconvenience and frustration
- Inability to enjoy life
- Spousal suffering (loss of consortium)
Although your overall damages will be reduced by your assigned percentage of accident liability, most victims undervalue their personal injury claims. Working with an attorney to maximize available damages under state law can still result in significant personal injury payouts for you and your family, regardless of shared fault. Sometimes, accepting a small percentage of liability is even a recommended tactic for obtaining quicker insurance settlements and handling accident cases outside of the courtroom, saving you potential court costs and preventing lengthy jury trials.
Discuss Fault with a Dedicated Personal Injury Law Firm in Nashville
Do not give up on your claims if you’re partially at fault for an accident in Tennessee. This is normal, and many viable personal injury cases involve shared liability. The qualified accident injury lawyers at Raybin & Weissman can analyze the facts of your case and fight to ensure a fair apportionment of liability. Call (615) 256-6666 or connect with our Nashville office online for free to discuss your case.