Every day across Tennessee, accidents happen that could have been prevented if someone had acted with proper caution, from motor vehicle accidents to slip and falls. When someone fails to exercise reasonable care and that failure causes harm to another person, they may be held legally responsible. Your ability to recover compensation depends largely on proving that another party’s negligence directly caused your injuries.
A Knoxville personal injury lawyer can help you build a strong claim, gather the necessary evidence, and advocate for the full compensation you deserve.
The Elements of Negligence in a Tennessee Civil Lawsuit
To recover compensation in a Tennessee civil lawsuit, you must prove specific legal elements that establish the defendant’s negligence. The court will evaluate each component carefully before determining liability. The following elements will form the foundation of your case:
- Duty of Care: The defendant had a legal obligation to act or refrain from acting in a certain way toward you, such as a driver’s duty to follow traffic laws or a property owner’s duty to maintain safe premises.
- Breach of Duty: The defendant failed to fulfill their legal obligation by acting negligently or failing to act when required, falling below the standard of what a reasonable person would do in similar circumstances.
- Causation: The defendant’s actions or inactions directly led to your injury, establishing a clear connection between their behavior and your harm.
- Proximate Cause: Your injuries were a reasonably foreseeable consequence of the defendant’s negligent conduct, not the result of an unrelated or unpredictable event.
- Damages: You suffered quantifiable losses such as medical expenses, lost wages, pain and suffering, or property damage due to the defendant’s negligence.
The Modified Comparative Negligence System in Tennessee
In some cases, you may be partially responsible for how the accident occurred. Perhaps you were texting while walking when you slipped on a wet floor, or you exceeded the speed limit slightly before another driver ran a red light. In these situations, Tennessee’s modified comparative negligence statute will apply.
Under this law, our compensation may be reduced by your percentage of fault in the incident. If you’re found to be 49% or less responsible, you can still recover damages. For example, if you have $100,000 in damages but are found 30% at fault for the accident, you would only recover $70,000. However, if you are determined to be 50% or more at fault, Tennessee law prevents you from recovering any compensation whatsoever.
The Statute of Limitations for Negligence Claims in Tennessee
Time is critical when pursuing a negligence claim in Tennessee. The state imposes strict deadlines known as statutes of limitations. For personal injury claims, you have just one year from the date of injury to file your lawsuit. Property damage claims provide more time, with a three-year filing deadline.
Missing these deadlines typically means permanently losing your right to seek compensation, regardless of how strong your case might be otherwise. Courts rarely grant exceptions to these deadlines. To protect your right to compensation, consult with a personal injury lawyer right away.
Trust the Lawyers of Brown & Roberto to Fight for You
Has someone else’s negligence caused your injury? You have the right to seek compensation under Tennessee law. At The Lawyers of Brown & Roberto, we’ve spent decades successfully proving negligence for injured Tennesseans. Our attorneys will carefully evaluate your case, explain your legal options, and fight aggressively for the compensation you deserve.
Contact us at (865) 691-2777 for your free consultation today.