One of the most important aspects of a Texas personal injury claim is liability, or who was responsible for the accident. Texas follows the comparative negligence rule, which states that the amount you can recover will be reduced in proportion to your amount of fault in an Austin car accident.
In other words, if it’s determined that you were 30 percent at fault for the accident with $100,000 worth of damages, your settlement amount will be reduced to $70,000.
Proving liability isn’t always a cut-and-dry procedure. You and your Austin TX lawyers will need to prove:
- the other driver that caused your injury owed you a duty;
- the other driver broke or breached that duty;
- the other driver’s negligence actually caused your injury; and
- you suffered real damages.
When the insurance adjusters are reviewing all the data from you accident, they’ll take the severity of your accident and your injuries into consideration. Naturally, the more severe the injuries, the more you’ll be able to recover.
Less serious injuries like sprains and bruising that are apt to heal relatively quickly are assigned less value than injuries that are:
- scarring; and
- emotionally traumatic which will likely require a more strenuous claim argument for more money.
Continue to Next Page >>