The United States Courts report that personal injury claims are up by 97%. Recently, the annual amount filed has risen to 45,523 cases.
When you experience an injury due to another party’s carelessness, you expect that compensation, and rightly so. However, what if there is negligence on your part too? What if both you and the other party are to blame?
The state of Texas has laws surrounding comparative negligence. If you have been injured, this is what you need to know.
What Is Comparative Negligence?
Outside of the United States, they call it “non-absolute contributory negligence.” It is a partial legal defense. Comparative negligence means that the damages you could recover in a negligence-based claim are reduced.
In these cases, the plaintiff contributed to the cause of the injury, in addition to what you may have done to impact the result.
Comparative Fault in Texas
When allocating fault and awarding damages in Houston, there is a modified comparative negligence standard that the law applies. Often, it is referred to as “proportionate responsibility.”
The comparative fault standard in Texas is that how much a party is responsible for in a personal injury case is proportionate to the percentage they are at fault. Whether it is an injury, accident, or death, damages are based but how much a party is responsible for what happened.
How it Relates to Your Personal Injury Lawsuit
Even if a court were to find you to be partially responsible for an accident, there is a benefit to comparative fault. You can still be awarded for your case, even if there was some blame on you.
Consider this example. You are driving down a local road, traveling over the speed limit. Then, a car pulls in front of you, and there is a collision.
In this case, you may have been speeding, but the police found in their investigation that the party that collided with you was on their phone checking their Facebook account. A court could find you 20% at fault for exceeding the speed limit. If your award for damages is $15,000, you can only recover 80%, or $12,000.
How to Determine Fault
A personal injury case like this, where you are partially responsible, can be highly complex. You must hire an attorney if you believe you could have a comparative negligence matter.
Such cases require you to prove negligence for every instance. This is a unique process. It would help if you had a top-notch law firm to protect your rights and identify the details.
McDonald Worley Can Help
Comparative negligence is a complicated part of the law. However, when you work with an award-winning personal injury claim attorney like McDonald Worley, rest assured that you will be protected.
They fight for verdicts and settlements, merging their legal experience with modern technology and hard work. The attorneys at McDonald Worley will represent you aggressively.
Get the compensation you deserve. Contact McDonald Worley today for a free case review!