How Does Comparative Negligence Work in Texas
Let’s say you’ve been involved in an accident that was partially your fault and partially the fault of someone else. What do you do? You could try to file a claim with the insurance companies, but that’s likely to leave you undercompensated because insurance companies want to settle quickly and for as little money as possible, regardless of the fault involved.
In this type of situation, you should hire an experienced attorney from Denena Points, PC to handle your personal injury case and answer your questions. There are specific rules about determining fault, so it’s best not to go about it on your own.
How Does Determining Negligence Work?
In its most simple terms, comparative negligence assigns fault to each party involved in the accident by percentages, often determined by a jury. For example, a jury may find you 30 percent responsible and the other party 70 percent responsible based on the evidence gathered from the scene of the accident. In this case, you would be responsible for 30 percent of the damages while they are responsible for 70 percent.
This situation can play out differently in the state of Texas if the roles are reversed. If you are found to be more than 50 percent (also known as the majority) at fault, you will not be compensated for the damages and injuries you suffered in the accident. This is known as the “modified comparative fault rule.”
Minimizing Your Level of Fault Means a Larger Settlement
The main points for hiring a personal injury lawyer to handle your case are as follows:
- To determine the cause and fault for the accident
- To fight on your behalf in court with the appropriate evidence revealed by the investigation
The amount of compensation you are eligible to receive will be affected by what the jury determines the fault percentages are. Your level of fault will reduce your settlement by that same percentage. So if you’re 30 percent at fault and receive a $100,000 settlement, you’ll only be able to recover $70,000 of it.
This makes your best bet to hire a lawyer to handle your case and gather as much information as possible to present to the jury when your day in court comes.
Contact a Houston Injury Attorney
If you’ve been involved in an accident that was partially your fault, your chances for compensation aren’t completely shot. With comparative negligence, you can still recover some of the damages, but in order to do that, you need help from someone experienced in handling this kind of litigation.