Comparative negligence is a rule of law applied to determine the responsibility and damages of each party in an accident. In Texas, a modified comparative fault law is also used. This means that the compensation you receive is based on your degree of fault.
For example, if your case goes to court and a jury or a judge awards you $100,000 but you are determined to be 20% at fault for causing the accident, you would receive $80,000 instead of the full $100,000. If you are found to be 50% or more responsible for the accident, you wouldn’t be able to receive anything. This is where the modified comparative fault rule varies from traditional comparative negligence. In some states, you may be able to recover some compensation even if you are over 50% responsible, but that is not the case in Texas.
Texas Statute of Limitations
Each state has different laws regarding the time limits, or statute of limitations, concerning personal injury claims. In Texas, the limitations are set at two years. This means that you must file your claim within two years of the accident.
If you wait too long, you risk running out the limitations or not appearing as injured as you are claiming to those who matter (judge, jury, insurance adjusters, etc.). The closer to your accident that you file, the better. If you don’t know how to file or aren’t sure whether you even have a claim to compensation, speak to an experienced lawyer.
Financial Compensation for Car Accidents
The idea of compensation exists so that a victim can get the financial support they need after an accident leaves them impaired. For vehicle accidents, you may be able to get compensation for:
- Medical bills
- Pain and suffering
- Out-of-pocket expenses
- Lost wages
- Attorney’s fees
If you and your finances were affected by a car accident, you have every right to seek compensation. Whether you shared part of the blame or none of it, medical bills are expensive and so is taking time off of work. At the very least, it is worth investigating whether you have a valid claim to personal injury compensation. An experienced local attorney can help you make that determination and negotiate with the insurance company on your behalf.
If you were injured in Houston, Sugar Land, or a neighboring area and have questions about pursuing a claim, contact the Law Office of Frederick K. Wilson II today. He fights for his clients and will be there with you every step of the way.