Head & brain 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 head & brain 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 head & brain 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 head & brain 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.
Head injury and traumatic brain injury claims sit at the upper end of the US band and are most affected by statutory caps. Tennessee's caps (non-economic damages cap (general)) can compress catastrophic head & brain verdicts even where the underlying damages — future care, lost earning capacity, life-care plan costs — clearly justify the higher figure.
The US band is the starting point. Tennessee's fault rule and any applicable cap then adjust the figure.