What Happens If I Was Partially at Fault?
While most people assume the majority of personal injury cases clearly define one plaintiff as the victim and one defendant as the party responsible for the accident, many cases are not as simple or clear-cut. In fact, there are some cases where both parties are partially responsible for the accident. The state of Tennessee follows a modified comparative fault system, otherwise known as the 50 percent rule.
If you or someone you know has been injured in an accident and believe the 50 percent rule applies to your case, it is important to know you may still be able to recover financial compensation. To learn more about your legal options, contact a personal injury lawyer of Pohl & Berk, LLP, today at 615-277-2765 and get started on your case.
How the 50 Percent Rule Apples to Your Case
Under the 50 percent rule in the state of Tennessee, you can still recover damages in a personal injury case even if you are partially at fault for the accident. The details of the 50 percent rule include the following points:
- The court will first assign a percentage of blame to each individual
- A plaintiff with a level of fault below 50 percent (49 percent or lower) can file for financial compensation
- If you are assigned 50 percent or more of the fault, you cannot file a personal injury lawsuit
Financial compensation is awarded based on your percentage of fault.
A large majority of these cases involve car accidents where both parties may have been acting carelessly. If you believe you are less than 50 percent at fault, get in touch with a skilled legal representative today.
To learn more about how the 50 percent rule may apply to your case, contact a Nashville personal injury attorney of Pohl & Berk, LLP, today at 615-277-2765.