Recovery for Injuries When Partly at Fault

by David Peel on January 21, 2014

Recovering for Injuries When Partly at FaultWhen a person is suing to recover for damages, there are times that the party bringing the lawsuit was also at fault. Because of this, it is important to understand that Tennessee uses the modified comparative fault rule. It is also important to understand what this means for recovery for injuries when the party suing was partially at fault.

Modified comparative fault comes into issue in a lawsuit when a person is suing to recover money for his injuries and the defendant alleges that the person bringing the lawsuit is actually responsible for the damages because of his own negligence. When the defendant makes these allegations, the jury will then need to decide how much each party is at fault. So, the jury will need to assign a percentage of fault to both parties.

The percentage of fault assigned to each party is important to know. In Tennessee, under modified comparative fault rules, if the party who is suing is less at fault than the defendant, the party can recover for his damages. This means that in Tennessee, a plaintiff who is forty-nine percent or less at fault will be able to recover. However, a plaintiff who is fifty percent or more at fault will not recover anything for his injuries.

If a plaintiff is able to recover for his injuries, it is important to understand that modified comparative fault does not entitle the party to recover the full amount of his damages. The amount that the plaintiff can recover is based on the amount of fault assigned to him. So, if a plaintiff was twenty percent at fault, for example, he could recover eighty percent of his damages.

If you or someone you know is interested in more information on modified comparative fault, please contact Mr. Peel through Mr. Peel practices mostly in personal injury law. He works in Millington, Tipton County and the Memphis, Tennessee area. His office is located in Millington, Tennessee.

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