Understanding Modified Comparative Fault in Texas Personal Injury Claims
When it comes to personal injury claims in Texas, understanding the concept of modified comparative fault is crucial. This legal doctrine is used to determine the amount of compensation a plaintiff can receive in cases where both parties are partially at fault for the injury. In this article, we will delve deeper into modified comparative fault and its role in personal injury lawsuits in Texas.
Modified comparative fault allows a plaintiff to recover damages even if they share some responsibility for the accident. However, there are limitations to this rule. In Texas, they apply the modified version of comparative fault, known as the 51% rule. Under this rule, a plaintiff can only receive compensation if they are 50% or less at fault for the accident. If they are found to be 51% or more at fault, they cannot receive any compensation.
To better understand modified comparative fault, let's consider an example. Suppose a car accident occurs where both drivers were speeding, but one driver ran a red light. If the injured driver sues the other driver for personal injury, the court will determine the percentage of fault for each party. Let's say the injured driver is found to be 40% at fault and the other driver is found to be 60% at fault. In this case, the injured driver can still recover damages, but the total amount will be reduced by the percentage of fault. If the total damages awarded were $100,000, the injured driver would receive $60,000 (60% of $100,000), minus 40% of the fault, resulting in $36,000.
Modified comparative fault can be applied to both economic and non-economic damages. /Economic damages generally include medical expenses, lost wages, and property damage, while non-economic damages encompass pain and suffering, emotional distress, and loss of enjoyment of life./
To determine the percentage of fault for each party, several factors are taken into consideration. These factors include the conduct of each party leading up to the accident, negligence laws, traffic laws, official reports, witness testimonies, and accident reconstructionists' analysis. These pieces of evidence help establish the degree of fault for each party involved.
In personal injury claims in Texas, it is of utmost importance to have a skilled personal injury attorney by your side to present your case effectively. An experienced attorney will thoroughly investigate your claim, gather evidence, negotiate with insurance companies, and advocate for your rights in court if necessary.
In conclusion, modified comparative fault is an essential concept to understand in personal injury claims in Texas. It allows for compensation, even when the injured party is partially at fault for the accident. However, Texas' 51% rule sets a limit, barring plaintiffs from recovering damages if they are found to be 51% or more at fault. If you find yourself in a personal injury situation, consult with a knowledgeable personal injury attorney who can guide you through the legal process and help you seek the compensation you deserve.Get Help from an Experienced Personal Injury Lawyer in Texas
An experienced personal injury lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC will take over the case from the very beginning and make sure that you receive fair compensation for your injuries. A personal injury lawyer will help you recover medical expenses, lost wages, pain and suffering, and other losses due to the accident. Contact us today for a free consultation.