Personal injury cases can be complex, especially when you need to determine fault or liability. No matter the nature of your personal injury, understanding how you determine fault is a key part of establishing your case.
There are a few key factors to consider when determining fault in your personal injury case.
In most personal injury cases, fault depends upon proving negligence. Negligence typically involves four key elements. First, you must show that the individual at fault owed you a duty of care, or had a responsibility to ensure safety. You must also show that the person in question violated that duty. In addition, you must show that the incident directly contributed to your injuries and the damages that you suffered.
Considering comparative negligence
Tennessee is a comparative negligence state. That means you can seek compensation for your injuries even if your actions contributed to the accident as well. In some states, pure comparative negligence allows for compensation even if you were primarily responsible for the accident. In Tennessee, modified comparative negligence applies. That means you can only seek compensation if your actions contributed to 49% or less of the incident.
Pursuing settlement negotiations
Sometimes you can pursue settlement negotiations without having to pursue proof of fault in court. If the other party’s insurance company agrees to negotiate and settle, consider if you have the evidence to prove fault or if a settlement could serve your best interests.
Understanding your rights after a personal injury starts with proving fault for the incident. If you can prove fault for the incident without question, consider seeking compensation in court.