It’s important to understand how the Texas law of comparative negligence can affect your Texas personal injury claim. For help in reviewing your case, the law offices of Steven Lee, P.C. have helped Houston residents with their personal injury cases for over 35 years, contact us today at 713-921-4171 or 1-800-232-3711.

The Effect of Comparative Negligence in a Texas Personal Injury Claim

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There are two types of negligence laws that a state may choose to follow. The state of Texas follows a comparative negligence law along with 32 other states. Comparative negligence is the basis for filing a Texas personal injury claim with the help of your Houston personal injury lawyer.

Negligence and Your Texas Personal Injury Claim

The basis of any Texas personal injury claim is proving that the negligence of another party caused your injuries. Your Houston personal injury attorney can help you obtain and present the evidence that shows the other party in your claim owed you a degree of duty to protect you from the injury you sustained.

The other party's negligence of safety issues, hazards, and other conditions that could result in the injury of others is cause for a Texas personal injury claim. There are two systems for the legal handling of negligence claims, contributory negligence and comparative negligence. Most states, including Texas, follow a comparative system.

What is Comparative Negligence?

Comparative negligence is a system where the injured party may be partially to blame for their injuries and still recover damages. The judge or jury in your Texas personal injury claim will review the evidence presented by your Houston personal injury attorney and determine a degree of fault for your injuries. This degree, expressed as a percentage of fault, shows how much the jury found you to be responsible for your injuries.

There are two types of comparative negligence, pure and modified. A Texas personal injury claim will follow the modified comparative negligence rule with a 51% fault percentage. This means you are able to be found up to 51% responsible for your injuries in your Texas personal injury claim and still recover damages.

How Degree of Fault Effects Settlement

When you are found to be under 51% at fault for your injuries, your final settlement amount for your Texas personal injury claim will be reduced by whatever percentage of fault you are found responsible for. For example, if your claim settles for $100,000 and you were found to be 20% at fault, you would be entitled to $80,000. If you are found to be more than 51% at fault, you are not entitled to recover damages.

The goal for your Houston personal injury attorney is to help you prove that you were least at fault for your injuries. The lower your degree of fault, the higher your final settlement amount awarded will be.

Reviewing Your Case with a Houston Personal Injury Attorney

If you are looking to file a Texas personal injury claim following a severe injury accident you need the legal expertise of a Houston personal injury attorney to help you fight for fair compensation. Contact the law offices of Steven Lee, P.C. today at 713-921-4171 or 1-800-232-3711. Help is available 24 hours a day and the initial consultation is always FREE. We are also able to provide transportation options as well as home and hospital visits.


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