What If I Was Partially at Fault for An Accident?
Request Free ConsultationBeing partially at fault for an accident can impact your compensatory damages. If you live in a state that has a modified comparative negligence statute, you may get partial damages or none at all. Speak to our experienced Nashville auto accident lawyer to discuss your case at (615) 864-0343.
What If I Was Partially at Fault for an Accident in Tennessee?
You are subject to comparative fault if you’re partially at fault for an accident in Tennessee. This allows you to get partial damages if you’re 1-49% liable or none if you’re 50% or more at fault.
For example, in your auto accident case, the court rules that you’re 20% liable. This means you can get 80% of the damages that you originally requested.
Alternatively, the court rules that you’re 50% at fault. Because of comparative fault, you may not recover damages and be held responsible for all of your accident losses.
Need a Nashville accident attorney
Call Selvidge Injury Law for a Free Consultation
What to Do If I Was Partially At Fault for an Accident
Don’t admit fault if you are partially at fault for an accident, call 911, gather evidence at the scene, and seek treatment for your injuries. Consult with a personal injury lawyer after the accident.
Tell your lawyer about your accident and injuries. Your attorney can evaluate your case and determine if you have grounds for a claim or lawsuit against any liable parties, even if you’re partially at fault for your accident.
Can I Sue If I Was Partially at Fault for an Accident?
You could sue if you were partially at fault for an accident. If you are subject to modified comparative negligence, you can still get partial damages, as long as you are not 50% or more at fault.
Where you live can determine how long you have to sue if you were partially at fault for an accident. For instance, in Tennessee, there is a one-year statute of limitations for most personal injury claims and lawsuits, per Tennessee Code § 28-3-104.
Should I Sue If I Was Partially at Fault for an Accident?
Yes. You should still pursue a claim for damages, even if you were partially at fault for an accident, as you can still recover compensatory damages for your medical bills, loss of income, pain and suffering, and other quantifiable and subjective losses.
Let a personal injury attorney help you with pursuing your claim if you were partially at fault for an accident. Your lawyer can gather witness statements, accident scene photos, and other evidence and build your case for damages. Your attorney will help put as much fault on the true negligent person, and fight to take as much comparative off of you as possible.
Can I File a Claim If I Was Partially at Fault for an Accident?
You can file a claim if you were partially at fault for an accident. Start the claims process by notifying your insurance company about your accident and injuries. This will prompt an investigation.
The insurance companies of those involved in your accident can investigate and find out who is liable. An insurance company may account for your percentage of fault if they propose a settlement.
Should I File a Claim If I Was Partially at Fault for an Accident?
File a claim if you were partially at fault for an accident and want compensation from other liable parties. If your claim is successful, you could get money to use to cover your accident losses.
Allow an attorney with relevant case experience to assist you with your insurance claim. Your injury lawyer in Nashville can communicate with insurance companies on your behalf and help you secure fair compensation.