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.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
