Are you navigating a personal injury case? It can be a challenging time for your family, especially as you are working through recovery and compensation for your injuries. You might be wondering how much money you will receive, and the truth is that there are many factors that will affect your settlement.
The truth is that establishing fault and liability isn’t always a clear-cut process. There are often situations that involve issues with shared fault personal injury in Texas. So, it’s critical to ensure that you are working with a personal injury attorney who understands comparative negligence in Texas in order to maximize the potential settlement for your injuries.
Our team at Green Law Firm has many years of experience helping clients with these types of cases. We are here to protect your rights and help you avoid costly mistakes that could reduce your compensation.
What Is Comparative Negligence?
Comparative negligence in Texas is a legal principle that helps with calculating the damages in an injury case. If there are multiple parties to blame for the accident, then the liability might be split. Instead of one person holding 100% of the responsibility for the accident, it might be divided among multiple parties.
This calculation matters because the full amount of the settlement can be reduced based on the percentage of liability that you hold. Texas personal injury laws allow the responsibility to be shared, which is why you need to be proactive about proving liability in your case.
Texas’ Modified Comparative Negligence Rule: What You Need to Know
In our state, sometimes modified comparative negligence in Texas is used to determine the amount of compensation that is awarded for the accident. If you are less than 51% responsible for the accident, then it means that you can receive compensation.
But the compensation for damages is reduced based on your determined percentage of fault. For example, if it is determined that you were 20% at fault for the accident, then your compensation will be reduced by 20%
51% Bar Rule and Its Importance
We have a 51% bar rule in Texas, which prevents financial recovery if you hold more than half of the responsibility for the accident. The reason this law is in place is to make sure that payouts are only given to people who were primarily injured by another person’s negligence.
When insurance companies are determining payout amounts, they will use this rule to try to limit the amount of money that is given. Remember that insurance companies are businesses, and they are working hard to protect the bottom line. Insurance adjusters don’t have your best interests in mind, which is why it’s critical that you have legal guidance to ensure that you receive the compensation you deserve.
How Shared Fault Impacts Compensation
Shared fault means that you hold partial responsibility for the cause of the accident. This shared fault determination will reduce the value of your personal injury claim. The court and insurance adjusters will look at the evidence to determine how much your actions contributed to the accident.
Even if you were making a small mistake, such as speeding just a little bit, it could potentially lower your settlement based on Texas accident compensation laws. One of the best things that you can do is hire a trusted personal injury lawyer in Brownsville. Our legal team will work hard to gather the evidence showing that you were not at fault, which can help to maximize the settlement that you receive.
Real-Life Examples of Comparative Negligence in Texas
Here are a few examples of when comparative negligence in Texas can affect a victim’s settlement amount:
- Car Accident with Shared Liability: Two drivers collide on the road. One person ran a stop sign, and the other driver was speeding, which means that both drivers share the blame. The court might determine a 60/40 split in responsibility, which will affect compensation accordingly.
- Slip and Fall Accident with Negligence: If a customer walks into a business and slips on a wet floor, it’s possible that fault may be split if the customer ignores a warning sign that was placed in the entry. Or, if the customer was distracted and looking at their phone while walking, then it could affect fault determination.
How Fault Is Determined in Texas Personal Injury Cases
It’s essential that you hire an experienced personal injury attorney in Brownsville to advocate on your behalf. The strength of your case will have an undeniable impact on your settlement, especially because your attorney can help with finding the evidence that proves the other party was at fault.
Our legal team can gather various types of evidence that prove liability, such as witness statements, police reports, and surveillance footage. Sometimes, it’s worth bringing in reconstruction specialists and expert testimony.
Keep in mind that insurance companies and courts can also be involved in determining liability. The insurance company is motivated to assign fault percentages conservatively so that it can reduce payouts whenever possible. If there is a dispute in the compensation, then the courts will look at arguments and evidence from both sides. So, you need a strong lawyer who can build a solid case on your behalf.
FAQs
What does comparative negligence mean in Texas?
When comparative negligence is factored into a personal injury settlement, the percentage of fault will determine the amount of compensation that is awarded.
Can I still recover damages if I was partly at fault in an accident?
As long as you are less than 51% at fault, it’s possible to receive compensation. But the amount will be affected based on the percentage of fault that you carry.
A Skilled Attorney Will Protect Your Rights with the Comparative Negligence Law
Even if you win a personal injury case, your compensation can be much lower if partial fault is determined. You need an expert legal team to help with the negotiations so that you can get the best settlement possible.
Our team is here to help you navigate comparative negligence in Texas and other legal factors that will affect your claim. Contact us at Green Law Firm to schedule your free consultation: (956) 542-7000.
