What Is Modified Comparative Fault?

September 6, 2018 - Brain Injury

If someone sustains an injury an accident or some type of incident they believe might be the result of another person’s negligence, it is important that they are familiar with the legal principle known as modified comparative fault. Juan Reyna, the proprietor of Reyna Law Firm, invites you to read the following brief blog discussing this matter.

What Is Modified Comparative Negligence?

In Texas, negligence cases subscribe to the modified comparative negligence principle. This means that a party injured in some type of accident or incident of perceived negligence may legally be awarded damages from a court even if the individual making the claim (plaintiff) is found to bear some responsibility for what happened.

However, the modified comparative negligence law dictates that a plaintiff must be found less than 50 percent responsible to recover any damages. Should a court find the plaintiff 51 percent or more at fault for precipitating the incident in question, said an individual is not legally able to be awarded any financial compensation from other parties to the incident.

Proving Modified Comparative Negligence

Demonstrating another party bears a greater percentage of the responsibility for an accident often requires the plaintiff and said individual’s attorney to produce a significant amount of evidence, witness testimony and, if need be, medical records proving the injuries sustained and the associated damages sought were a direct result of the incident in question.

Contact Reyna Law Firm Today

Contact Juan Reyna and his team of experienced attorneys at Reyna Law Firm if you are seeking a Texas brain injury lawyer. We can review your case and might be able to win you the compensation and justice you deserve.

For more information on our Texas Brain Injury Lawyer, please visit our site.