If you’ve been injured in a car accident, you may be interested in
filing a claim and pursuing damages that ease your injury-related financial
burdens. After all, a beneficial settlement or verdict can award compensation
for your medical expenses, lost wages, property damage, rehabilitative
services, and other non-economic damages. However, it may be difficult
for you to maximize your claim based on Texas’ modified comparative
What Is a Modified Comparative Fault Rule?
Negotiating or litigating for damages is fairly straightforward if one
driver is clearly and fully responsible for an accident. It’s when
both parties share fault that the path to restitution becomes significantly
more complex. Per Texas’ modified comparative fault rule, a plaintiff’s
damages may be reduced or eliminated depending on how the jury calculates
each party’s percentage of fault.
For example, if the jury decides that you are 45% at fault for an accident,
your total economic and non-economic damages will be reduced by 45%. So,
even if you’re initially awarded $150,000, you’re only actually
entitled to $82,500.
However, if the jury decides that you are more than 50% at-fault for an
accident, you will not receive any damages for your injuries. This is
an important stipulation in Texas’ “modified” comparative
Discuss Your Case with an Experienced Attorney
Texas’ modified comparative fault rule regulates how courts and insurance
claims adjusters evaluate a car accident case. If you’re ready to
pursue damages, it’s essential that you retain the services of an
experienced attorney who can thoroughly investigate your case and fight
for your interests in court. At The Stewart Law Firm, PLLC, our trial-tested
Austin car accident lawyers can tenaciously negotiate with insurance companies on your behalf and
help you secure a advantageous settlement. The defendant’s insurance
company may try to use underhanded tactics to undermine your case by alleging
that you are at-fault for the collision. We can protect your claim and
help you maximize your damages.
Contact The Stewart Law Firm, PLLC at (512) 271-5112 to schedule a free consultation.