After an accident, you may file a personal injury claim to recover compensation for your injuries. If another party is liable for your accident, you may be able to receive damages for your injury, but you should understand how your own actions may affect your claim. In some states, you are not able to recover damages if you are found to be even slightly at fault for your accident. In Texas, however, the comparative negligence statute can help you recover a reduced amount of compensation, even if you are found to be partially at fault. Learn more about this statute, and how it may affect your claim.
What is Comparative Negligence?
In Texas, the comparative negligence statute allows for injured victims to recover a reduced amount of damages, even if they are partially responsible for their accident. This law protects victims who are injured in accidents that they may have contributed to, so long as their share of liability is less than the share of the other party. If a driver is found to be 30% at fault for their accident, they will be able to recover a reduced amount of compensation. The total claim value will be reduced by the amount of fault that the injured party is responsible for. For the driver who is 30% at fault, they can receive 70% of the total claim value.
How Does Comparative Negligence Affect Your Claim?
If you are partially responsible for your accident, you can still recover some compensation. However, to maximize the amount of compensation you receive, you will need to not only prove that the other party is responsible for the accident, but also that you are not responsible for the accident as well. You will need to work hard to protect your claim and demonstrate that you are not liable for your accident.
If you are filing a personal injury claim, you should be aware that you may lose compensation if you are found to be partially at-fault. An experienced personal injury attorney can help you to gather evidence that can protect your claim. They will help you demonstrate the other party’s negligence, and can defend your position. With a strategic plan for your case, your lawyer may be able to help you maximize the compensation you receive. Your attorney can offer experience and insight into similar claims, as well.
Get Help with Your Claim – (512) 710-0931
At the Law Offices of Vic Feazell, P.C., we are dedicated to helping injured people gain the compensation they deserve. Our team of Austin personal injury attorneys is focused on providing client-focused services with award-winning legal representation. We take a hands-on approach to all of our cases, so you can trust that we will pursue every route to recover compensation for your needs.
Get help today! Contact our offices for a free consultation by calling (512) 710-0931.