Navigating the complexities of a personal injury case can be overwhelming, especially when it comes to understanding concepts like comparative negligence. At Herrman & Herrman, we know how crucial it is for you to fully grasp how this legal principle can affect your case and your recovery. With over three decades of experience fighting for the rights of injured clients, our team is dedicated to making sure you get the compensation you deserve, no matter how challenging your case may seem.
What is Comparative Negligence?
A common question our clients ask is: “What is comparative negligence?” Simply put, it’s a legal concept that allocates fault between parties involved in an accident. In Texas, like many other states, the law follows a modified comparative fault rule, meaning that the compensation you receive could be reduced based on the percentage of fault you bear in the incident.
Here’s a quick breakdown of comparative negligence:
- Pure Comparative Negligence: In this system, even if you were mostly at fault, you could still recover damages proportional to the other party’s negligence. For example, if you were 60% at fault, you could still recover 40% of the damages.
- Partial Comparative Negligence (Used in Texas): In Texas, you can only recover damages if you are less than 51% at fault. Your compensation will be reduced by your percentage of fault, but if you are more than 50% responsible, you won’t be eligible to recover anything.
Why Does This Matter for Your Case?
The idea of comparative negligence is simple in theory but can be highly complex in practice. Insurance companies will use this concept to minimize the amount they have to pay you, and that’s where having an experienced attorney from Herrman & Herrman is critical. We know how to gather the right evidence, challenge unfair claims, and build a compelling case to ensure you aren’t blamed for more than your fair share of the fault.
Common Impacts of Comparative Negligence:
- Last Clear Chance Doctrine: Under the comparative negligence rule, this doctrine is typically eliminated. Without an experienced attorney to argue on your behalf, this could seriously affect your chances of recovering damages.
- Intentional or Reckless Conduct by the Defendant: Even if the other party acted recklessly, comparative negligence could reduce your recovery. We know how to argue these points to minimize the impact of your fault.
- Rescuers and Good Samaritans: Comparative negligence generally doesn’t penalize rescuers, but insurance companies may still try. Herrman & Herrman has a strong track record of protecting our clients’ rights in these situations.
How Herrman & Herrman Can Help
When you work with Herrman & Herrman, you’re not just getting legal representation—you’re getting a team of dedicated professionals who understand how to maximize your recovery even when the odds seem stacked against you. Don’t let complicated laws and insurance companies take advantage of you. With our experienced attorneys by your side, we’ll fight to make sure your voice is heard and your injuries are fairly compensated.
If you’ve been injured and are worried about how comparative negligence could affect your case, don’t hesitate to contact us. We’ll provide you with the answers you need and the aggressive representation you deserve.
