Texas Shared-Fault Laws
Anyone who has been injured in an accident knows that often times both parties will try to claim that the other is at fault for the accident. In many personal injury cases, the person or business that you're attempting to file a personal injury claim against will try to claim that you share some responsibility for the incident that led to your injury. If the court does find that you share some level of responsibility for the accident, that doesn't mean you can't still recover compensation. It simply means that your level of responsibility will likely be considered when awarding damages for the injury.
The state of Texas follows a modified "comparative negligence rule," which stipulates that the amount of compensation you're entitled to receive will be reduced by an amount that is equal to your percentage of fault. So, for example, if you were in an auto accident and found to be 30% at fault, you would only be able to collect 70% of the actual damages awarded in your case, since the other party was found to be 70% at fault.
Texas Caps on Injury Damages
Many states will place a limit on certain damages that are awarded to an individual, depending on the type of accident that causes the injury. In the state of Texas, statutory limitations on damages only apply to personal injury cases resulting from medical malpractice. The specifics on these caps can actually be quite complex, but essentially the compensation intended to cover the cost for pain and suffering in a medical malpractice suit is limited to $250,000 per defendant and $500,000 overall.
For any medical malpractice cases that involve wrongful death in Texas, there is a cap that is set based on inflation. However, none of the caps listed above apply to personal injury cases outside the realm of medical malpractice. Ultimately, these details exemplify why it's important to have a skilled personal injury attorney that understands the complexities of state and federal laws and how they apply to your case so that you can maximize your chances at success. If you or someone you know is facing a difficult personal injury situation, don't entrust your case to just anyone. Call the Law Office of Kimberly A. Bishop today and find out how I can help you seek justice.