Personal injury cases are complex, which can make it difficult to determine who was at fault for an accident. Liability is an important aspect of calculating compensation, and insurance companies will do everything they can to ensure that liability is assigned correctly, especially if it seems that the plaintiff may be liable for their own injury. If the injured party is responsible for their own injury, then the insurance company may limit the amount they have to pay out. If you have been injured in an accident, an experienced personal injury attorney can help you prove that you were not at fault for your injury.
Negligence must be proven, and it is based on a number of factors. It must be proven that the dangerous situation that caused injury was on the property of the defendant, that the plaintiff knew that the hazard was a risk to those on the property but didn’t take steps to fix the problem, and that the plaintiff was not negligent themselves. In some states, the plaintiff cannot recover compensation if they are even a bit at fault, but in Texas, you are able to recover some compensation for your injury, even if you are partially responsible.
Fault Percentage & Compensation
In Texas, modified comparative negligence, or proportionate responsibility, is used to determine fault in a personal injury case. This clause allows victims of an accident to still seek compensation for their injuries, even if they are partially at fault for the accident. Plaintiffs may be no more than 50% at fault for the accident if they wish to seek compensation. The plaintiff can receive compensation, but the total amount will be reduced by the same percentage of fault they are found to have. For example, a plaintiff who is found to be 30% at fault for their injury can only receive 70% of their total claim value.
If a plaintiff is found to be more than 50% at fault for their own injury, they are ineligible to claim compensation. For this reason, it is critical to contact a qualified personal injury lawyer, who can help you protect your case. It can be challenging to prove negligence, but your attorney can help you collect and present evidence to defend your claim.
Car Accidents & Comparative Negligence
As in personal injury cases, Texas auto accident claims can also use the comparative negligence clause to protect their claim. Accidents can easily be attributed to both parties, and these claims can be complicated. Without the proportionate responsibility clause, injured drivers may struggle to recover the compensation they deserve for their injuries. Just as personal injury claims use a percentage to determine the amount of compensation that can be recovered, auto accidents also use a percentage system.
A driver who is more than 51% responsible for their accident will be unable to recover compensation. Up to 50%, the plaintiff may recover some compensation. The amount that can be recovered is calculated as the total amount of the claim value, minus the percentage that the plaintiff is responsible for. In some cases, it may be more costly to go to court and fight for compensation. If you are injured in a car accident, consult a skilled car accident lawyer to help you defend your claim.
Consult an Austin Personal Injury Attorney – (512) 710-0931
If you’ve been injured in an accident, it can be quite the battle to recover the compensation you deserve. Proving that you are not responsible for your injuries can be crucial for recovering damages to pay for your medical bills. At the Law Offices of Vic Feazell, P.C., we are dedicated to protecting the rights of our clients. We have spent decades fighting for our injured clients, and we have honed our skills through many, many cases. Our team of Austin personal injury attorneys will use our experience, resources, and skills to help our clients gain the compensation they deserve.
Schedule a free review of your case. Contact our offices today at (512) 710-0931.