Texas Fault and Compensation Laws in Houston

Texas fault and compensation laws for accidents in Houston can limit when personal injury cases may be successful and affect the amount of a potential verdict. Some of these laws are written into state statute, while others have been adopted over many years as part of the common law.

If you are considering legal action after an accidental injury, it is important to have a clear understanding of how these claims work. A skilled personal injury attorney could review the facts of your case and identify who is at fault.

Proving Fault in an Injury Case

In Houston, Texas, issues of fault and compensation come down to a legal standard known as negligence. If a plaintiff can show that another party’s negligence is responsible for their injuries, they can recover compensation for their losses. There are four elements to proving fault under state law. A plaintiff must establish all of them in order to recover financial compensation for their injuries. They include the following,

The Duty of Care

A defendant is only responsible for a person’s injuries if they owed them a duty of care at the time of the accident. This is an obligation to prevent them from suffering harm. For example, drivers owe one another an obligation to operate their vehicles safely and avoid a car accident. Property owners owe certain guests a duty to address dangerous hazards on the premises.

Breach

Once a plaintiff establishes the duty of care exists, they next must show it was broken by the defendant. This occurs when a careless, reckless, or intentional act leads to an injury. In a motor vehicle case, breach might include driving a commercial truck at unsafe speeds or while under the influence of alcohol.

Causation

There must also be a link between a person’s injuries and the defendant’s breached duty of care. This is known as causation, which limits a plaintiff to recovering damages directly caused by the at-fault party.

Damages

The final element is damages. An injury victim in Houston must show they are entitled to compensation for losses like pain and suffering, medical bills, or lost wages.

Comparative Fault Laws

Another aspect of fault and compensation laws in Houston, Texas occurs when the injured party is also partially to blame for the accident. A person is not automatically barred from recovering compensation if they were responsible thanks to a legal theory known as comparative fault.

If a person injured in an accident is found by a judge or jury to be more than 50 percent liable for their own injuries, they are barred from recovering any compensation under state law. However, plaintiffs who are partially to blame but found to be less than 50 percent responsible still have the opportunity to recover damages.

It is important to note that while a recovery is possible, sharing in the fault can impact the amount of a plaintiff’s recovery. The court will reduce an injured person’s monetary award by their degree of fault. For example, a plaintiff who was 30 percent liable will have their total damages reduced by 30 percent.

Talk to a Houston, Texas Attorney About How Fault and Compensation Laws Affect Your Claim

These are only a few aspects of Texas fault and compensation laws in Houston that you need to be aware of. In order to get a clear picture of your possible recovery after an accident, it is important to rely on the guidance of legal counsel. Call today to discuss your case during a free, private consultation.