Just because you were hurt doesn’t mean you are entitled to money. In order to bring a personal injury claim, regardless of how it occurred, your lawyer will need to prove that a company or a person carelessly or negligently caused your injury. (or death of a family member, if that is the harm that resulted). If a product hurts or kills someone, the law of product liability applies. This law says that the product manufacturer and seller is liable if a defective and dangerous product harms someone.
If you fail to prove the other party’s negligence or defective product caused your injuries, then you lose. If you sue the wrong person, you lose. If you wait too long to sue, you lose. If you had an injury BEFORE the accident, then you are only entitled to be compensated to the extent your injury is now worse.
So what happens if you were partially to blame. In Texas, if you were in any way at fault, you do not necessarily lose. This is known as the law of comparative negligence. This means that if the “other guy” was 99 percent at fault and you were 1 percent at fault, then you are entitled to recover 99% of your losses. However if you are more than 50% at fault, i.e. 51%, the law says you do not get to recover anything.
Before we accept your case, we must be confident that your actions were not the only cause of the accident.
Also, in Texas, except in extraordinary circumstances, you cannot sue your employer for negligently hurting you if the employer carries worker’s compensation insurance. If the employer’s gross negligence results in death, the family can sue, but these cases can be hard to win. I.e. it has been said that it is easier to uphold a murder case in the Appellate Courts than to get them to uphold a “gross negligence” case.
Sometimes, several persons or companies are at fault, and a jury gets to decide the percentage of blame against each. If one company such as an employer is to blame, but cannot be sued, the jury can apportion fault among the others in most circumstances.
More GeneralPersonal Injury FAQ
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