If you’ve found yourself directly involved in a personal injury lawsuit in Texas, the principle of “comparative negligence” is an essential factor to take into consideration. This legal concept plays a significant role in determining the amount of compensation you can receive. Comparative negligence comes into play if a jury determines that you share a portion of the responsibility for causing your injuries.
Navigating a personal injury lawsuit in Texas requires the support of adept, seasoned, and highly reviewed attorneys capable of vigorously advocating on your behalf to ensure you receive the comprehensive compensation you rightfully deserve. The Law Office of Shane McClelland, PLLC, is well-versed in the intricacies of Texas’ personal injury laws and is committed to securing a just and fair settlement for our clients. For more information, complete our contact form today.
Breaking Down Texas’ Comparative Negligence Law
Comparative negligence, also known as proportionate responsibility, is a pivotal aspect of accidents where multiple parties are involved and may be responsible. Under Texas law, the amount of compensation you can recover can be modified if a jury determines that you have some responsibility for causing your injuries.
Texas law, Chapter 33.001 of the Texas Civil Practices and Remedies Code, says that if you are more than 50% responsible for causing your injuries, you cannot recover at all. In other words, if a jury finds you responsible for more than 50% of causing your injuries, the jury does not award you any money. If you are found to be less than 50% responsible for your injuries, but more than 0% responsible, your recovery is reduced by that percentage of responsibility. The practical reality of how comparative negligence can affect your overall recovery underscores the importance of a thorough legal analysis to accurately assess the facts and law in your case to maximize potential compensation.
How an Attorney Can Help You Navigate Comparative Negligence
An experienced personal injury attorney can play a critical role in guiding you through the complexities of the principle of comparative negligence and how it might affect your case. A highly reviewed lawyer near you, like Law Office of Shane McClelland, can help to ensure your rights are protected and your compensation maximized. When it comes to comparative negligence, every detail and piece of evidence can significantly influence the ultimate determination of the percentage of responsibility and, subsequently, the amount of compensation you can recover. A skilled attorney will analyze and meticulously investigate the facts and law involved in your accident and try to build a compelling case that accurately reflects the extent of the other party’s liability.
By leveraging our understanding of Texas law, we work hard to present arguments to maximize the other parties’ responsibility in causing your injuries. This can happen when negotiating with insurance companies, who are often quick to assign a higher degree of responsibility to some parties in an effort to reduce payouts, other attorneys, judges, and ultimately the jury. If your case proceeds to court, we will be prepared to advocate on your behalf and use well-thought-out and strategic legal arguments to ensure the court comprehensively understands your side of the story and the impact on your life from the personal injuries you have suffered.
Looking for Help with a Personal Injury Case? Schedule a Free Consultation Today
After an accident, the path to recovery can seem fraught with obstacles, including navigating the complexities of Texas’ comparative negligence law and its impact on your case. You don’t have to walk this path alone. Shane McClelland dedicated to offering the guidance and legal support you need during the challenging times after enduring a personal injury accident. Our team is here to personally help secure the compensation you deserve.
Embarking on the journey toward healing and resolution begins with reaching out for help. For a free and confidential consultation that could make all the difference in your lawsuit, don’t hesitate to contact us. Dial (713) 987-7107 or complete our contact form today. Let our highly reviewed team with almost 20 years of experience, help you navigate the complexities of your case and whether comparative negligence affects your case. Please contact us to ensure your story and your experiences are heard and your case is given the careful attention it deserves.