If you were recently injured in an accident, for which you could be partially at fault, you may be wondering whether or not you still have the right to seek compensation. In Texas, all personal injury cases are subject to the state’s “modified comparative negligence” rule. This means that you could still file a claim against the other party as long as your degree of fault does not exceed 50%. Furthermore, the amount of compensation that you are entitled to will be proportionately reduced by an amount that is equal to your percentage of fault – which will ultimately be decided by a jury.
For example, let’s say that you were hit by a drunk driver while you were illegally crossing the street. The jury might find that you were partially to blame, but that the drunk driver’s level of fault significantly outweighs your own. For this reason, they might decide that you were only 15% responsible for contributing to your own injuries. This would mean that your total monetary award would be reduced by 15%. However, if the jury was to decide that you were more than 50% at fault, you would be barred from recovering any level of compensation from the other party.
Texas courts are required to follow this rule in any personal injury lawsuit that makes it to trial, so you should be prepared for the other party’s insurance adjuster to raise this issue during settlement negotiations. They will typically do whatever it takes to settle you claim as quickly, and for as little money, as possible, so it is imperative that you seek counsel from a Beaumont personal injury lawyer early on in the process. With Brasher Law Firm, PLLC on your side, you can trust that we will fight diligently for your right to fair and adequate compensation – whether through settlement or verdict.
Additionally, it is important to note that a statute of limitations will apply to your case. This means that you will only have two years from the date of your injury to file a lawsuit. If you fail to take action before the statute of limitations expires, you could be barred from ever seeking compensation. For this reason, you should not hesitate to schedule a free consultation with the injury attorneys at Brasher Law Firm, PLLC as soon as you have been injured. We have been representing injured victims throughout Beaumont for more than 22 years combined, and we are ready to assist you.