A key part of the claims process is determining liability. This ensures that those injured in a Houston area car crash receive fair treatment — and most importantly the compensation they deserve.
However, this process can be extremely complex. In some cases, multiple parties may share liability for an accident. Fault is extremely important in a Texas personal injury claim, and how blame is assigned can have a significant impact on your ability to recover full and fair compensation.
A Houston personal injury attorney at West Loop Law and the Law Office of Nhan Nguyen, MD, JD can help you determine who is at fault for your damages and ensure that the responsible party is held accountable.
How Fault Impacts Your Compensation
If you are found to share less than 50% liability for an accident, you are still entitled to recover compensation for your damages from the insurance provider of the at-fault party. However, the value of your compensation will be determined by your percentage of liability.
The total compensation that you are entitled to will be lowered by the same percentage of fault you are assigned.
For example, if you are found to be 20% at fault for a crash, your total recovery will be reduced by 20%, leaving you able to obtain up to 70% of the compensation that you would have received if you did not share any blame for the crash.
In this scenario, if you sustained $10,000 in damages, including the cost of medical treatment, lost income, pain and suffering, and other damages, you would only be able to recover 70% of this figure, leaving you with a maximum of $7,000 in compensation.
What If I Contest My Liability for the Accident?
There are a lot of common tactics utilized by insurance companies to evade paying out the full value of a claim, and one of the most common of these approaches is shifting blame for the accident from their policyholder to the other parties involved. However, the claims made by the insurance company are not always supported by the facts of the case.
For that reason, it is crucial that you hire an experienced car accident attorney in Houston who can conduct a thorough investigation into the accident in order to determine who is actually at fault. Your lawyer will collaborate with a team of accident reconstructionists and other experts in order to assess the factors involved in the collision, including:
- Witness statements
- Security footage from the scene
- The accident report
Your attorney will use this evidence to construct a strong case in order to support your claim, which can be used to dispute the argument from the insurance provider that you share blame for the accident.
Keep in mind that you are not required to accept the initial settlement offer provided by the insurer, and you do not have to accept any following offers if they are insufficient to cover your damages. Your lawyer can provide guidance and advice concerning your legal options to determine what you should do next. If you contest the insurance provider’s claim of shared negligence, your case can proceed to trial. Then, a judge or jury can make an official determination on your degree of shared liability, if applicable.
Personal Injury Lawyers in Houston
Victims of car crashes in Houston are often left feeling overwhelmed and alone, but that doesn’t have to be the case. As a victim, you have rights, and an experienced Texas personal injury attorney can help you regain your confidence and fight for your deserved compensation. West Loop Law and the Law Office of Nhan Nguyen, MD, JD has years of experience protecting the rights of accident victims in the Houston area. Nhan Nguyen, MD, JD and Nader Rabie, JD will work to ensure that your case is treated fairly and that the at-fault party is held responsible.
Contact West Loop Law and the Law Office of Nhan Nguyen, MD, JD at (713) 840-7200 if you or a loved one has been injured by the reckless actions of another party.
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