Texans who have been injured by another person’s negligence are entitled to compensation, but proving fault is more than pointing fingers. Insurance companies would naturally fight such claims, searching for any shred of information that reduces the amount they will pay.
Establishing fault involves proving that negligence directly caused harm. It requires evidence, witness testimony, and adherence to legal principles. The strength of your case can significantly impact the outcome before it even reaches the courtroom.
This article examines how fault is proven in a Texas personal injury claim.
Establishing Legal Liability
Legal liability in Texas personal injury lawsuits centers on negligence. Someone or a party that fails to practice ordinary care can be held accountable for the damage that ensues. The law concerns whether or not the action was below the standard that would be acceptable in a given situation.
Evidence usually directs the outcome. Police reports, medical documentation, and eyewitnesses provide the foundation for proving fault.
Certain cases change liability in particular ways. Employer responsibility for employee negligence or the landlord responsibility to maintain safe conditions are time-honored examples.
Comparative Negligence in Texas
Texas operates under a modified comparative negligence standard, and damages are calculated based on the percentage of fault assigned to each party. An injured person will receive compensation only if his or her share of fault is below 51 percent.
The law directly impacts the worth of the settlement. For instance, a 20 percent at-fault petitioner has damages reduced by that percent. Insurers’ adjusters usually negotiate vigorously over these amounts.
It is important to have legal advice when the percentage of fault is in dispute. Attorneys can help obtain proof, refute opposing claims, and cite the other party’s negligence.
What Happens When There Are Multiple Parties With Liability?
“When multiple parties are responsible for an accident, Texas law applies joint and several liability. The injured could collect from any culpable party, even though others are equally culpable for the harm done, says Matthew Shaffer with Schechter, Shaffer & Harris, LLP – Accident & Injury Attorneys.
The advantage lies in the recovery process. Where there is an insured culpable party and another without coverage, the insured party can be held liable for the full sum.
Insurance companies generally fight over how much each party should pay. Those disputes may occur behind closed doors, but you can still recover from the party with the greatest capacity to pay for damages.
Understanding Premises and Property Liability
Texas property owners legally owe their guests the duty to keep their facilities reasonably safe. If there are hazardous conditions, such as damaged floors or outstanding hazards, liability can fall on the owner.
The duty owed depends on the visitor. Commercial invitees or customers enjoy more protection than trespassers, who usually cannot recover damages.
Negligence is most frequently the result of a failure to act, such as failure to clear the ice or repair known defects. Conclusive evidence of poor maintenance can support a case and hold the property owner liable for consequential injuries.
How to Handle Product Liability Claims
Product liability cases arise when a defective item causes injury, and both the manufacturer and seller may share responsibility. Fault may stem from a design flaw, production error, or failure to provide adequate warnings.
Evidence forms the core of these claims. Keeping receipts, medical records, and the product itself strengthens your position against large companies and their insurers.
Texas law allows recovery despite ignorance about the defect’s origin. Imposing liability on the supply chain gives injured consumers a fair chance of damages for consequential injury.
Final Remarks
Winning in a personal injury case in Texas takes weaving facts into an attractive narrative and pursuing every point with persistence. The correct strategy can be the difference, even in the face of deep pockets and strong opposition.
Legal responsibility evolves, as do fault-proving methodologies. You may want to hire a seasoned attorney who can pursue your claim and discover what others cannot.
Also Read: Cosmetic Surgery and Personal Injury Claims: What You Should Know
