Dayton Personal Injury Lawyer

Modified Comparative Fault (50% Bar)

Tenn. Code § 29-11-103 / McIntyre v. Balentine (1992)

Tennessee adopted modified comparative fault in 1992, replacing contributory negligence. If you are 50% or more at fault, you recover nothing. This is stricter than the 51% bar used by most modified comparative fault states. Fault allocation is determined by the jury, and insurance companies vigorously argue fault to push plaintiffs past the 50% threshold.

1-Year Statute of Limitations

Tenn. Code § 28-3-104(a)(1)

Tennessee has one of the shortest statutes of limitations in the nation — just 1 year from the date of injury for personal injury and wrongful death claims. This extremely tight deadline makes it critical to contact an attorney immediately after an accident. Missing this deadline permanently bars your claim.

Non-Economic Damage Caps

Tenn. Code § 29-39-102

Non-economic damages (pain and suffering, emotional distress) are capped at $750,000 for most personal injury cases. The cap increases to $1 million for catastrophic injuries involving spinal cord paralysis, amputation of a limb, severe burns covering 40%+ of the body, or wrongful death of a parent leaving minor children. No cap on economic damages (medical bills, lost wages).

Mandatory Auto Insurance

Tenn. Code § 55-12-102

Tennessee requires minimum liability coverage of 25/50/25 ($25,000 per person, $50,000 per accident bodily injury, $25,000 property damage). Tennessee also requires UM/UIM coverage to be offered by insurers, though drivers may reject it in writing. The Tennessee Financial Responsibility Law requires proof of insurance at all times.

DUI / Implied Consent

Tenn. Code § 55-10-401 / § 55-10-406

Tennessee's DUI law sets the BAC limit at .08 for adults and .02 for those under 21. The implied consent law (§ 55-10-406) means refusal to submit to chemical testing results in automatic license revocation. A DUI conviction creates strong per se evidence of negligence in civil injury claims and may support punitive damages.

Dram Shop Liability

Tenn. Code § 57-10-102

Tennessee's Dram Shop Act allows injured parties to sue licensed alcohol sellers who sold alcohol to a visibly intoxicated person or a minor who subsequently caused injury. Tennessee courts have interpreted dram shop liability broadly, and social host liability may also apply in certain circumstances.

Government Tort Liability Act

Tenn. Code § 29-20-101 et seq.

Claims against Tennessee state or local government entities are governed by the Government Tort Liability Act. Government liability is capped at $300,000 per person and $700,000 per occurrence. Notice of claim must be provided within 12 months. Sovereign immunity is waived only for injuries caused by negligent acts of government employees acting within the scope of employment.