Being partially responsible for an incident does not necessarily mean you are ineligible to seek compensation, which is why we are here to give you practical tips on how to recover the compensation you deserve. With the help of an experienced car accident lawyer, you can receive the legal support you need, whether that be in Huntsville, TX, Rockdale, TX, or anywhere else in the state.
Understanding Proportionate Responsibility
In Texas, the legal principle of proportionate responsibility, also known as comparative negligence, governs cases where multiple parties are partially at fault for an accident or incident. Under this framework, the court determines the percentage of fault assigned to each party involved and adjusts the damages accordingly. This means that even if you were partially responsible for the incident, you may still be entitled to recover damages proportionate to the other party’s fault.
The Role of Modified Comparative Negligence
When navigating your case under Texas law, it is also important to understand the modified comparative negligence rule, specifically the 51% Bar Rule. According to this rule, an individual can only recover damages if their proportionate responsibility for the incident is 50% or less. If their fault exceeds 50%, they are barred from recovering any compensation.
However, if their fault is determined to be 50% or less, their damages will still be reduced by their degree of fault. For example, if a person is found 30% at fault, their recoverable damages will be reduced by 30%.
Consult With an Experienced Car Accident Lawyer
Seek the guidance of our experienced attorney who specializes in personal injury law and can assess the details of your case, evaluate your degree of fault, and guide you through the legal process so that you can feel secure as you move forward with your case.
Building a Strong Case
Gather Evidence
Collect as much evidence as possible to support your claim. This may include photographs, videos, witness statements, police reports, medical records, and any other relevant documentation. An experienced attorney will help ensure that you understand which documents to gather so that you can present the strongest possible case in court.
Obtain Medical Records
Comprehensive medical records are crucial in establishing the extent and impact of your injuries. Requesting and obtaining all relevant medical records, including diagnostic tests, treatment plans, and medical reports, can provide valuable evidence of the physical and emotional effects of the accident. These records can help establish a clear link between the incident and your injuries.
Establish Negligence
Demonstrate that the other party involved was negligent and that their actions or inaction contributed to the incident. This may involve proving a breach of duty, causation, and damages. During this stage of your legal battle, it is important that you rely on the expertise of a reliable and trusted attorney.
Gather Witness Testimonies
Witness testimonies can be compelling evidence in a personal injury case. Identifying and interviewing witnesses who were present at the time of the incident can help strengthen your case. Their accounts can provide important details and corroborate your version of events.
File on Time
In Texas, personal injury cases are subject to a statute of limitations, which sets a time limit for filing a lawsuit. It is essential to be aware of these deadlines and ensure that your case is filed within the prescribed timeframe. Failing to meet the statute of limitations can result in the dismissal of your case.
This is where legal expertise is invaluable. An attorney will guide you and support you through this process so that you make every deadline required to put you in the best position to win your case.
Negotiate Skillfully
Many personal injury cases are resolved through negotiations with insurance companies or the opposing party. A strong case backed by persuasive evidence and expert opinions can strengthen your position during negotiations. An experienced attorney can skillfully negotiate on your behalf to pursue a fair and favorable settlement that compensates you for your injuries and damages.
Prepare for Trial
While many personal injury cases are settled out of court, it is essential to prepare for the possibility of trial. Building a strong case includes preparing compelling arguments, identifying and questioning witnesses, and presenting evidence effectively in the courtroom. An attorney will guide you through this process and ensure that your case is presented in the most compelling manner.
Shoring Up Your Position and Ensuring Maximum Compensation
Show Your Compliance With Laws and Regulations
It is important in personal injury cases that you demonstrate compliance with all applicable laws and regulations at the time of the incident. This can help establish that you acted reasonably and responsibly.
Show that you followed safety guidelines and exercised caution to prevent the incident. This can include obeying traffic laws, using safety equipment, and taking appropriate precautions in hazardous situations. You might be able to prove this through witness statements, traffic cam or dash cam footage, or by other means. Your attorney will help you look for what you need to prove you were not as much at fault as the other side may be claiming.
Identify If There Are Multiple Defendants
In some instances, there may be more than one party responsible for your accident. If other individuals or entities contributed to the incident, they might also be held liable. This could include other drivers, manufacturers of faulty equipment, or even city municipalities responsible for unsafe conditions. Your attorney can help identify any potential defendants to ensure that all parties are held accountable.
Engage Expert Witnesses
Expert witnesses, like medical professionals or accident reconstruction specialists, can lend their expertise to bolster your case. Their professional opinion and interpretation of the evidence can be a powerful tool in establishing negligence and the extent of your injuries. Your attorney can engage the right experts and effectively utilize their insights in court.
Work With Skilled Legal Experts in the Huntsville, TX and Rockdale, TX Area
Navigating the legal complexities of recovering damages, especially when you are partially at fault, can be challenging. Hiring a skilled attorney like Brian C. Gutierrez, who specializes in personal injury cases, is crucial to protecting your rights and interests. He will work diligently to investigate the incident, gather evidence, negotiate with insurance companies, and advocate for the best possible outcome in your case.
Brian C. Gutierrez is experienced in Texas law and can support you as you navigate your legal battle in and outside of court. He offers each client the chance to get legal advice and an aggressive trial attorney they can afford. In addition, he charges no fees unless he wins. Brian C. Gutierrez is committed to helping his clients receive the compensation they are entitled to through the legal resources afforded by his practice.
By following the steps outlined in this article and relying on high-quality legal services from Brian C. Gutierrez, you can increase your chances of obtaining fair compensation for your injuries and losses. Contact Brian C. Gutierrez Attorney at Law in Bryan, TX for a free consultation.
