Texas’ modified comparative negligence laws determine if negligence occurred and who caused it according to the degree of fault. We use these rules to account for accidents where both parties may have been at fault. Rather than assign 100% responsibility to one party, they only have to pay for the damages they caused.
In this article, we will explain how modified comparative negligence laws work in Texas and what you need to prove in your case.
Modified comparative negligence is a legal principle that assigns liability for an accident. In Texas, our Civil Practice and Remedies Code defines how standards work in the state under Section 33.001. This law states that you cannot recover personal injury damages after an accident if you were found to be more than 50 percent at fault.
Modified comparative negligence is a complicated concept, which is why many injury claimants seek legal advice during the claims process. However, we can compare how it works side-by-side and provide an example to better understand it in general.
Here is how Texas’ modified comparative negligence laws work:
For example, if courts find that you are 20 percent at fault for the total damages of $100,000, you can recover 80 percent of your losses, or $80,000. You or your insurance company will be responsible for the remaining $20,000. A San Antonio personal injury attorney can help ensure that you recover what you rightfully deserve and are not taken advantage of by your insurance company.
Evidence is essential when proving your level of modified comparative negligence in a personal injury claim. However, there are specific facts to prove with evidence for courts (and insurers) to consider it a bonafide matter. Otherwise, you do not have a right to some or all forms of compensation.
Here are the following four elements of negligence you must prove to recover your losses:
Supporting the most favorable outcome, an objective among many personal injury claimants, hinges upon the available evidence. Therefore, getting legal advice about your case immediately is essential since accident-scene evidence, such as from a car accident, can degrade rapidly.
Legal options are available for injured parties in Texas under the law, even if you were partially at fault. While insurers are responsible for settling your case fairly under these rules, it does not mean they are following them, nor are you getting the best deal. If you are worried about leaving money on the negotiating table and need time to focus on your recovery, consider speaking with an award-winning legal team like The Aguirre Law Firm.
You are not responsible for the injuries you did not cause. Get experienced, award-winning legal advice from a San Antonio injury lawyer. Get a free consultation with The Aguirre Law Firm by calling (210) 934-4756 or contacting us online.
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