How Can I Prove My Injury Was Caused by Negligence in Tennessee?

When you are injured because of someone else’s careless or reckless actions, proving their negligence is the foundation of your personal injury claim. Whether you were hurt in a car crash, slip and fall, or some other type of accident, you must be able to prove that your injury was caused by the defendant’s negligence in order to recover compensation. Read on and speak with a knowledgeable Memphis personal injury lawyer to set up your free consultation today.

What Does Negligence Mean Under TN Law?

There is no single statute that explicitly defines negligence in Tennessee. Instead, this legal concept comes from case law and is reflected in decisions made by juries and courts. In the Tennessee Supreme Court case McCall v. Wilder (1995), it was determined that negligence is “The failure to exercise the degree of care that an ordinarily prudent person would exercise under the same or similar circumstances.”

Essentially, when someone fails to act with the level of care that a reasonable person would in the same situation, it is considered negligence. This failure can result in injury, property damage, financial losses, and other consequences.

How Can I Prove My Injury Was Caused by Negligence in TN?

In order to prove that your injury was caused by negligence in Tennessee, you must show that the other party’s actions directly caused your injury. There are four elements of negligence that must be established in order to convince a court or insurer that the defendant is responsible for your damages. These elements are as follows.

1. Duty of care: The defendant had a legal responsibility to act with reasonable care to prevent accidents and injuries.
2. Breach of duty: The defendant failed to meet that standard of care through their actions or inaction.
3. Causation: The defendant’s breach of duty directly caused your accident and injury.
4. Damages: You suffered measurable losses as a result, like medical bills, lost wages, or pain and suffering.

To establish these elements, one of the most important things you can do is collect strong evidence. Relevant information that can help demonstrate the defendant’s responsibility include the police or accident report, photos from the scene of the accident, witness statements, surveillance footage, expert testimony, and a personal account of your experience.

What is Tennessee’s Comparative Fault Rule?

Comparative negligence is a legal concept that determines an injured party’s right to compensation if they contributed to the accident. For example, if you were involved in a car accident caused by another driver running a red light, they caused the collision. However, if you were not wearing a seat belt and it exacerbated your injuries, you could be found partially repsonsible for your damages.

Under Tennessee’s modified comparative negligence system, you can still recover damages even if you contributed to the accident in some way, given that you are less than 50% at fault. If you are equally or more responsible than the other party, you will be barred from recovering compensation. It is also important to note that the amount of damages you are entitled to will be reduced by the percentage you are found liable. For example, if your losses are $100,000 and you are deemed 20% responsible for the incident, you can only collect up to $80,000.

For more information, contact an experienced personal injury attorney today.