When filing a personal injury claim in Texas, it is important to have a good understanding of how comparative negligence works. This statute refers to how much compensation the injured party is eligible to receive in a personal injury claim. If you are potentially at fault for the accident, you can still recover. However, you may lose your ability to recover based on how much responsibility you bear in the accident. For more information, contact Chavez Law Firm today.
Understanding Comparative Negligence in Texas | Laws and Statutes
When there is a compensation award that has been decided, there is an additional factor that goes into how much you can collect. In every accident case, there are insurance negotiations that determine who was responsible for what and by how much. If, for instance, someone was involved in a truck accident where that truck was driving erratically and they tried to speed to get around it, but ended up in an accident, they may be deemed partially at fault. Texas allows for injured parties to collect compensation even if they are partially at fault.
- Injured parties who are 0% at fault get full compensation
- Injured parties who are 1% – 50% at fault get reduced compensation
- Injured parties who are more than 50% at fault get no compensation
Let’s say, in the scenario above, that the driver of the truck was 80% at fault and the injured person was then 20% at fault. If the injured party were awarded $100,000 for their injuries, they would be able to collect $80,000.
Understanding Comparative Negligence in Texas | Contact Our Experienced Attorneys
An injury can change your life and you deserve to get compensation in the fullest and fairest amount for your damages. If you are looking for skilled, dedicated, and supportive representation, please do not hesitate to call our El Paso personal injury lawyers to set up a free, initial consultation. Chavez Law Firm truly cares for the safety of the El Paso community. Let our experience work for you.
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