Fracture settlements
in Tennessee.
Tennessee applies modified-50 comparative fault since McIntyre v. Balentine (1992) abolished pure contributory negligence, with one of the shortest US PI limitation windows (one year) and a $750,000 general non-economic cap. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Tennessee's modified comparative — 50% bar and any applicable statutory cap.
Tennessee applies modified comparative negligence with a 50% bar. For fracture claims, this means a claimant who is 49% at fault recovers 51% of the award, but a claimant assigned 50% or more recovers nothing. The bright-line rule materially affects fracture settlement negotiations: insurers routinely argue claimant conduct toward the 50% threshold, and the perceived risk of stepping over the line drives many claimants to settle below the band.
Tennessee's caps (non-economic damages cap (general)) apply to the non-economic component of fracture damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.
The US band is the starting point. Tennessee's fault rule and any applicable cap then adjust the figure.