Accidents happen. Every year, countless individuals suffer injuries due to the negligence of others. The aftermath can be overwhelming for the injured party, whether they were hurt in a car crash, a slip-and-fall accident, or a workplace incident.
While some accidents are clear-cut cases of negligence, others involve complex issues of liability, including multiple at-fault parties. With a nationwide reach, Zinda Law has represented injury victims across the country and has over 100 years of combined experience.
Working with our Texas personal injury lawyer can help you understand how comparative negligence works in Texas and how it applies to your unique circumstances.
Understanding Negligence in Personal Injury Cases
Before we discuss how comparative negligence works, we should have a solid understanding of negligence as a whole in personal injury cases. Negligence is a cornerstone principle in personal injury law, delineating the circumstances under which an individual can seek compensation for harm caused by another’s carelessness or disregard for safety. To establish negligence, a plaintiff must generally prove four key elements: duty of care, breach of duty, causation, and damages.
A duty of care is a legal obligation to act with a certain degree of care to prevent harm to others. This duty arises from various relationships, such as between drivers and pedestrians, property owners and visitors, or healthcare providers and patients. When an individual fails to exercise the appropriate level of care, they have breached their duty.
The final two elements are causation, or showing that your injuries were directly caused by the breached duty of care, and damages, representing the actual losses that were incurred by the plaintiff due to negligence. Negligence laws can be nuanced across jurisdictions, so working with a knowledgeable attorney is key. A comprehensive understanding of the applicable laws helps build a strong personal injury case.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationTexas’ Modified Comparative Negligence Law
Under its Civil Practice and Remedies Code Chapter 33, Texas employs a modified comparative negligence system when determining liability in personal injury cases. Even if you share some responsibility for the accident, you may still be eligible for compensation up to a point. With modified comparative negligence, you are barred from recovering any damages if you are found to be more than 50% at fault.
In a case where you share some responsibility but less than 51%, you will have your settlement reduced by the amount that you are liable for. For example, if you were awarded $100,000 in damages but you were found to be 30% responsible for your accident. Your final compensation would then be reduced by that percentage of responsibility, leaving you with a final payout of $70,000.
If you are confused by Texas’ comparative negligence laws, be sure to consult a personal injury attorney. Our team at Zinda Law is experienced and well-versed in these intricacies and can help you learn how to best pursue your settlement. We will work diligently to protect your legal rights and maximize your final recovery.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationExamples of Comparative Negligence Cases
Determining fault in an accident can be complicated when multiple parties contribute to the incident. Because Texas law recognizes this concept of shared fault, more than one person can be held liable, meaning more than one person can be responsible for the outcome.
For example, if a driver fails to signal before turning and another driver follows too closely, both drivers may share responsibility for the resulting collision. Similarly, a pedestrian darting into traffic while a speeding truck approaches illustrate a scenario where fault is shared. A patron’s inattention to their surroundings can contribute to the accident even in a seemingly straightforward case like a slip and fall in a restaurant.
If you are found to be more than 50% at fault for an accident, you will be unable to recover damages. Thus, accurately determining the percentage of fault for each party involved is crucial.
A lawyer familiar with Texas comparative negligence claims will work with you to investigate your case thoroughly and gather as much evidence as possible to establish the defendant’s liability.
Jason Aldridge
Attorney
Standing by 24 hours a day, 7 days a week ready to answer in your time of need.
Available 24 / 7|Free ConsultationCollecting Evidence for Comparative Negligence Cases
Evidence is the cornerstone of any personal injury case, but its significance is magnified by Texas’ comparative negligence law. In this system, determining the percentage of fault for each party involved in an accident is key to the final settlement amount, so a mere one percent difference in fault allocation can significantly impact the outcome of a case. It is essential to build a strong case and maximize your chances of recovering damages through meticulous evidence collection.
This involves gathering medical records, police reports, witness statements, photographs, and any other relevant documentation. Many of these types of evidence need to be preserved immediately as physical evidence degrades and witness memories fade. Because of this, make sure you do not delay in getting started on your case.
An experienced personal injury attorney can guide you through this process, ensuring that no critical piece of evidence is overlooked. By carefully constructing a compelling case, you increase your chances of demonstrating that your level of fault is less than 51%, thereby preserving your right to compensation. We are dedicated to working with you to win your personal injury claim.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationHelp from a Texas Personal Injury Lawyer
In addition to working with you to determine fault, we will create a comprehensive assessment of all personal injury, special & general damages like physical pain, healthcare expenses, future medical bills, missed paychecks, and more.
Starting with a complete assessment of your case’s value will help maximize your claim’s worth, even if you share in the liability. We will stand up for you to insurance adjusters and others who would rather you settle quickly for a lowball offer.
Navigating the complexities of insurance claims and personal injury lawsuits can be overwhelming. As your personal injury advocate, our attorneys work under a contingency fee basis, which means we do not collect any payment unless we win your case. While we work to secure your fair payout, you can focus on recovery.
We will help you understand how personal injury lawsuits work and when to consider pursuing one over just an insurance claim. Our goal is to walk you through the legal process, empowering you to make informed decisions along the way. Our firm will prioritize your well-being and best interests even if no one else is.
Contact Zinda Law for Help Establishing Negligence in Your Case
After your accident, you may be wondering what to do next. Our Texas personal injury lawyers can help you determine negligence in your case and find evidence to support your claims. We are here 24/7, so call us to schedule a free consultation.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
