Victims of preventable accidents are usually eligible to file a personal injury claim for compensation for their injuries. To win restitution, victims need to prove fault by showing how another person’s negligence directly led to the accident and their subsequent injuries. In the legal world, negligence is when someone fails their civic duty to minimize harm to the general public. There are two types of negligence: contributory and comparative. This matters because states award personal injury compensation based on the negligence model they use. If you’ve recently been involved in an accident in Texas, you might be wondering if you can hold the negligent person accountable in court. Our talented law firm is here to help! Read this blog to learn more about negligence and find out how a Nueces County, Texas Personal Injury Lawyer can provide high-quality legal counseling.
WHAT ARE CONTRIBUTORY AND COMPARATIVE NEGLIGENCE?
Contributory negligence means that the victim cannot earn compensation if they were even partially at fault for the accident. Only four states use this model for personal injury cases (Alabama, Maryland, North Carolina, and Virginia).
Meanwhile, comparative negligence states allow victims to earn restitution in certain cases. There are a few types of comparative negligence, but most states use either pure comparative negligence or modified comparative negligence.
Pure comparative negligence means that the victim can earn compensation no matter how much fault they had in the accident. Alternatively, modified comparative negligence models might only allow victims to earn a certain percentage of the maximum compensation, depending on the percentage of fault they had in the accident. For example, a victim might only be able to earn 70% of their restitution if they had 30% fault in the personal injury accident.
WHICH NEGLIGENCE MODEL DOES TEXAS USE?
When it comes to personal injury cases, Texas uses the 51% rule for comparative negligence. Under this model, victims might be able to earn restitution if they were less than 51% at fault for the accident. If a victim had half the fault in an accident, they might only be able to receive half of the damages even if they win their case. In Texas, if the victim was more than half at fault, then they likely won’t be able to earn restitution.
Have you recently been injured in an accident caused by a negligent person? Are you seeking an effective personal injury attorney who has your best interests in mind? Look no further because Sahadi Legal Group is here to fight for you! Contact our highly experienced team today for an initial consultation.