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Understanding Comparative Negligence and How It Affects your Personal Injury Case

San Antonio Injury Attorney Talks About Comparative Negligence.When it comes to negligence laws, states can choose from two kinds. For instance, Texas, along with 32 other states, observes a comparative negligence approach. Comparative negligence forms the foundation of filing personal injury claims in Texas. Insurance company lawyers for the other driver are likely to claim “comparative negligence” as a defense to paying your claim.  It can be a complex analysis, which is why it helps to have a San Antonio personal injury lawyer to guide you.

 How Does Negligence Affect your Personal Injury Claim?

A personal injury claim filed in the state of Texas is dependant upon the claimant proving the negligence of the party responsible for your injuries. A skilled personal injury lawyer can help collect and present the relevant evidence to prove the other party in your claim was responsible for the accident and owes you compensation to support the costs of your injuries and recovery, as well as lost wages, and in some cases, pain, suffering, and mental anguish damages.

In other words, your claim must prove that the other party was knowingly or unknowingly negligent with regard to safety, hazards, and other factors that resulted in your injury. However, there are two types of approaches to handling negligence claims: contributory negligence and comparative negligence. In Texas, we observe a comparative negligence system.

Understanding Comparative Negligence

Comparative negligence refers to a system that shares liability between the party directly responsible for the accident AND the injured party. However, even if the injured party was partially at fault, they can still receive compensation for their injuries. A Texas judge or jury will look at your claim and examine the evidence presented in court, after which a degree of fault is determined for your injuries. This degree is presented as a percentage of fault, indicating the level of your liability for your injuries.

Comparative negligence itself is divided into two types: pure and modified. A personal injury claim  filed in Texas and awarded with damages observes a modified comparative negligence rule with a fault percentage of 51 percent. This means you can hold a maximum of 51 percent liability for your injuries, and still be able to receive compensation.

How Does Degree of Fault Affect my Compensation?

Given that you can be up to 51 percent liable for your injuries, the settlement package you obtain from your personal injury claim will be deducted by whatever percentage of fault you receive. For instance, if you receive $100,000 in compensation and the court determined you were 20 percent responsible for the accident, you will only get $80,000 from your settlement. What’s more, any percentage fault that exceeds 51 percent automatically voids any chances of you recovering damages.

Maximize your Personal Injury Claim with the Help of a Personal Injury Lawyer

If you’re working towards filling a personal injury claim in Texas after injured in an accident, you should have a skilled personal injury lawyer guide you through the claims process. Barrus Injury Lawyers is comprised of a legal team with the skill and experience to help you obtain the compensation you deserve. Contact us here to request a FREE 5 Point Case Evaluation, at no obligation to you.  Or, you can call us at (210) 593-8709.

Stacey Barrus

Texas Personal Injury Attorney. Husband. Father. Avid Fly Fisherman.