Tennessee has several statutes that may affect the outcome of your personal injury case. Understanding the Tennessee state rules regarding personal injury is the most important step in obtaining the maximum awards in your case. The following are some key Tennessee statutes.
Time Limits- The state of Tennessee imposes a strict statute of limitations to file your personal injury claim. You have only one year to file your case, one of the shortest deadlines in the country. Failure to file within the deadline can result in forfeiture of your right to bring the matter to court.
Shared Fault- The state of Tennessee applies a modified comparative fault rule in personal injury cases. This means that the damages awarded are reduced by an amount equal to the percentage of fault in the accident. For example, if you are found to be 5% at fault, and are awarded $10,000, you will receive $9500. If the court finds you to be more than 50% at fault, you lose your right to collect damages.
Strict Liability in Dog Bite Cases- Unlike some other states that use the so called “one bite rule”, Tennessee finds the owner of a dog liable regardless of whether the dog has attacked before. Tennessee courts will find the owner liable for damages in all cases, except those in which the animal was teased or provoked.
Damage Caps- Tennessee caps non-economic damages, such pain and suffering in many personal injury cases. These caps do not include economic damages such as lost wages or medical bills. Most personal injury cases have a cap of $750,000, but in extreme cases such as disfigurement or other permanent injuries, the cap is raised to $1,000,000.
Claims Against the Government- Claims against government employees or entities in Tennessee follow a special set of rules. For instance, you have a deadline of one year to file your claim, and only 90 days to file an appeal.
Contact us for representation in Tennessee.