Modified Comparative Negligence (50% Bar)
Tennessee follows modified comparative negligence with a 50% bar. If plaintiff is less than 50% at fault, damages are reduced proportionally. If plaintiff is 50% or more at fault, they cannot recover any damages.
No Cap
No limit on non-economic damages
1 years for personal injury
Deadline to file your lawsuit
Tennessee follows modified comparative negligence with a 50% bar. If plaintiff is less than 50% at fault, damages are reduced proportionally. If plaintiff is 50% or more at fault, they cannot recover any damages.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 50% or more at fault, they recover $0.
Additional research needed for specific cap amounts
$0
Based on reported cases in Tennessee
3,677
Personal injury lawsuits per year
Tennessee follows modified comparative negligence with a 50% bar rule. The McIntyre v. Balentine (1992) case established Tennessee's comparative fault system, replacing contributory negligence.
Tennessee's healthcare industry produces significant medical malpractice litigation. Nashville's concentration of hospital systems creates substantial case volume.
The state has seen notable entertainment industry cases, with Nashville's music scene creating unique liability situations.
Tennessee personal injury cases are filed in Circuit Court or Chancery Court, with 31 judicial districts. Davidson County (Nashville) and Shelby County (Memphis) handle substantial civil litigation.
Tennessee follows the Tennessee Rules of Civil Procedure. The state uses case management and pretrial conferences.
Tennessee courts have mandatory mediation in many circuits. Settlement conferences are common before trial.
Tennessee attorneys are licensed by the Tennessee Board of Law Examiners. For personal injury cases, experience with Tennessee's 50% bar rule is essential.
The Tennessee Trial Lawyers Association is the state's primary plaintiff attorney organization. Healthcare industry experience is particularly valuable.
Contingency fees typically range from 33-40%. Tennessee has caps on non-economic damages in some cases.
Tennessee's statute of limitations for personal injury is 1 year under Tenn. Code Ann. § 28-3-104—one of the shortest in the nation.
Medical malpractice also has a 1-year limit with a 3-year statute of repose. Claims against Tennessee government entities require 1-year notice under the Tennessee Claims Commission Act.
This calculator provides estimates only and is not legal advice. Laws in Tennessee are complex and individual case results vary. Consult a licensed Tennessee attorney for advice specific to your case.