How does the contingency fee work in Tennessee personal injury cases?

Tennessee personal injury attorneys typically take cases on a contingency basis — no upfront cost, and they’re paid a percentage of the recovery only if they win. Typical fees range from 33% to 40% depending on whether the case settles or goes to trial. Case expenses are normally advanced by the firm.

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Tennessee Personal Injury Attorneys

At DearLegal, we connect you with experienced Tennessee personal injury attorneys who understand the state’s 1-year SOL, the 50% modified comparative fault bar, the $750,000 non-economic cap, and the Tennessee Governmental Tort Liability Act.

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Free Tennessee personal injury case review

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How we match your Tennessee personal injury case

When you submit a Tennessee personal injury matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A personal injury matter needs someone who handles personal injury work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under Tennessee law, so it goes to an attorney licensed in Tennessee who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

Get started How DearLegal works

DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with a personal injury claim in Tennessee

Day 0
It happens.
Get medical care and keep every record — photos, names, the report number. In Tennessee, what you document now is what your claim is built on.
Within 24 hours
Tell us what happened.
Two minutes on this page. A Tennessee personal injury attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Weeks 1–4
Your attorney builds the file.
Reports, medical records, witnesses, camera footage, insurance policies. This is the part insurers hope you skip.
Months 1–6
Demand and negotiation.
Your attorney sends a demand and negotiates with the insurer. Tennessee’s fault rule matters here — Modified comparative fault, 50% bar (McIntyre v. Balentine, 833 S.W.2d 52) — no recovery if your fault is 50% or more.
Before the 1-year deadline
Suit is filed if it has to be.
Tennessee gives 1 year from the date it happened. Filing keeps your leverage; missing it ends the claim.
Resolution
Settlement or verdict.
You pay nothing along the way. The fee — typically 33% — comes only out of what’s recovered. If nothing is recovered, you owe nothing.

Statute of Limitations: 1 year
1 year from the date of injury (Tenn. Code § 28-3-104)
Fault Rule: 50%
Modified comparative fault, 50% bar (McIntyre v. Balentine, 833 S.W.2d 52) — no recovery if your fault is 50% or more
Damages Cap: 2x
Non-economic damages capped at $750,000 (up to $1M for catastrophic injuries) under Tenn. Code § 29-39-102. Punitive damages capped at greater of 2x compensatory or $500,000 under § 29-39-104.
Government-Claim Notice: Governmental Tort
Tennessee Governmental Tort Liability Act (Tenn. Code § 29-20-101 et seq.): 1-year SOL with statutory damage caps. State claims through Claims Commission under § 9-8-301 et seq.
Joint and Several Liability: Bolished
Largely abolished under McIntyre v. Balentine — Tennessee applies several liability, with apportionment among all responsible parties (including non-parties).
Typical attorney fee: 33%
33%–40% contingency — no fee unless you win

Tennessee has one of the shortest personal injury SOLs in the country — one year under Tenn. Code § 28-3-104. Tennessee applies modified comparative fault with a 49% bar under McIntyre v. Balentine (1992) — recovery is barred if your fault is 50% or more. Tennessee caps non-economic damages at $750,000 under Tenn. Code § 29-39-102 (up to $1M for catastrophic injuries), and punitive damages at the greater of 2x compensatory or $500,000 under § 29-39-104. The Tennessee Governmental Tort Liability Act (Tenn. Code § 29-20-101 et seq.) caps damages against state and local government and limits sovereign immunity to specific waivers. Local counsel familiar with Davidson, Shelby, and Knox county practice is essential.

Exhibit B

When to call a personal injury attorney in Tennessee

Does any of this sound like you? Tap what applies.

Exhibit C

Personal Injury cases we take in Tennessee

Which one is closest to yours?

Slip and fall on premises

Tennessee premises liability turns on actual or constructive notice of the hazard. Open-and-obvious doctrine applies but does not automatically bar recovery.

Sound like yours? A Tennessee attorney reviews it free — no fee unless they win.

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Exhibit D

How much do Tennessee personal injury attorneys cost?

Sample settlement statement

Tennessee · Personal Injury

Recovery$100,000

Attorney fee · 33%− $33,000

Case costs (advanced by firm)repaid at the end

To you$67,000

Due today$0

Try a different recovery$100,000

$5,000$3,000,000

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Most Tennessee personal injury attorneys work on contingency: the fee is a share of what they recover, and nothing if they don’t.

Personal injury attorneys in Tennessee work on a contingency fee basis — typically 33% to 40% of the total recovery. Given Tennessee’s 1-year SOL and damage caps, calling counsel immediately after an injury is critical. Case expenses are typically advanced by the firm and deducted from the final recovery.

A good attorney walks through every number at your free consultation — before you sign anything.

Get startedTakes about two minutes. No obligation.

Exhibit E

What your Tennessee personal injury compensation can include

A Tennessee personal injury recovery is built from several parts. Tap one to see what it covers.

Economic Damages (No Cap)

Past and future medical bills, lost wages, lost earning capacity, and out-of-pocket costs — uncapped under Tennessee law.

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Exhibit F

Tennessee personal injury questions, answered

Still unsure? Tell us what happened and a Tennessee attorney will review it for free.

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One year from the date of injury under Tenn. Code § 28-3-104 — one of the shortest SOLs in the country. Wrongful death is also one year. Tennessee Governmental Tort Liability Act claims also have a 1-year SOL under § 29-20-305.

Under McIntyre v. Balentine, your recovery is reduced by your percentage of fault, but if your fault is 50% or more you recover nothing. Tennessee is a 50% bar state — stricter than 51% states.

Yes — Tennessee caps non-economic damages at $750,000 (up to $1M for catastrophic injuries) under Tenn. Code § 29-39-102. Punitive damages are capped at the greater of 2x compensatory or $500,000 under § 29-39-104.

Auto, truck, and motorcycle crashes; slip-and-falls; dog bites (Dianna Acklen Act under Tenn. Code § 44-8-413); defective products; medical malpractice (under the Tennessee Health Care Liability Act); nursing home neglect; premises liability; negligent security; workplace third-party claims; recreational injuries; and wrongful death.

You look at your own uninsured/underinsured motorist coverage, homeowner’s or commercial policies, and any vicarious-liability defendants. Tennessee requires UM/UIM offerings with written rejection rules.

Most settle, but Davidson, Shelby, and Knox county juries return real verdicts when liability is clear. Defense insurers know which firms try cases.

The Tennessee Governmental Tort Liability Act applies to local government claims, and state claims go through the Tennessee Claims Commission. Both have damage caps and procedural requirements with 1-year SOLs.

Personal Injury attorneys by city in Tennessee

Same Tennessee rules and the same attorneys — with what’s local to each city.

Other case types in Tennessee

All Tennessee practice areas →

Animal Incident attorneysTennessee holds dog owners strictly liable — the owner pays for bites in public places even if it’s the dog’s first offense.

Business Dispute attorneysTennessee enforces reasonable non-competes — and the state Supreme Court has set the modern enforceability factors.

Car Accident attorneysTennessee’s one-year injury filing deadline is one of the shortest in the country — evidence preservation and timely filing matter more here than in most states.

Consumer Protection attorneysThe Tennessee Consumer Protection Act lets consumers recover triple damages plus attorney fees for willful or knowing violations.

Criminal Defense attorneysTennessee’s sentencing ranges and Range I/II/III enhancements make plea positioning critical from arraignment.

Defective Product attorneysTennessee’s Products Liability Act consolidated the old theories — and a ten-year absolute cutoff bars claims over older products.

Employment attorneysThe Tennessee Human Rights Act tracks the federal discrimination categories — and the state human rights commission handles administrative charges with a 180-day filing window.

Family Law attorneysTennessee is an equitable-distribution state — and its 13 grounds for divorce (12 fault-based plus irreconcilable differences) give grounds-selection strategic weight.

Immigration attorneysTennessee has immigration court in Memphis — and growing immigrant populations in Nashville and Knoxville drive case volume.

Lemon Law attorneysThe Tennessee Lemon Law covers new vehicles within 1 year/12,000 miles — narrower than most states, so timing matters.

Medical Malpractice attorneysTennessee’s health-care liability law requires 60-day pre-suit notice and a Certificate of Good Faith before filing.

Slip and Fall attorneysTennessee premises liability turns on notice and reasonableness — and the natural-accumulation rule limits weather-related claims.

Social Security Disability attorneysTennessee disability hearing offices in Nashville, Memphis, and Chattanooga process moderate volumes — and Sixth Circuit federal precedent shapes review.

Workers’ Compensation attorneysTennessee workers’ comp runs through the Court of Workers’ Compensation Claims — a system significantly reformed in 2013.

Tennessee Personal Injury Attorneys

How we match your Tennessee personal injury case

Case type

Size and complexity

Jurisdiction and licensing

Capacity and fit

What happens with a personal injury claim in Tennessee

It happens.

Tell us what happened.

Your attorney builds the file.

Demand and negotiation.

Suit is filed if it has to be.

Settlement or verdict.

When to call a personal injury attorney in Tennessee

Personal Injury cases we take in Tennessee

Slip and fall on premises

Dog bites

Medical malpractice (Health Care Liability)

Product liability

Premises negligence at retailers

Workplace injuries (third-party claims)

School and daycare injuries

Recreational injuries (Smokies, lakes, music venues)

Negligent security / assault on premises

Nursing home neglect and abuse

Wrongful death

Catastrophic injury and traumatic brain injury

How much do Tennessee personal injury attorneys cost?

What your Tennessee personal injury compensation can include

Economic Damages (No Cap)

Non-Economic Damages (Capped)

Punitive Damages (Capped)

Loss of Consortium

Wrongful Death (Capped Non-Economic)

Catastrophic Injury Exception

Tennessee personal injury questions, answered

Personal Injury attorneys by city in Tennessee

Other case types in Tennessee

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