If The Incident Was Partially My Fault, Can I Still File An Injury Lawsuit?

Even if you were partially at fault, Texas law allows you to file a claim by using the Modified Comparative Fault Rule. What it means is that partial fault that does not hit or exceed 51 percent may still lead to a claim.

The difference is simply that your recovery will be lower than if you were 0 percent at fault, based on how much of that fault was assigned to you. For instance, 30 percent fault leads to a 30 percent reduction in damages recovered.

Should You Discuss Fault?

The best thing to do after an accident is to stay silent. Any admission about fault or even a subtle comment could be used against you. In every partial-fault case, you should have a lawyer do the talking for you.

Call Now

These cases can be complex and you never want to make a mistake, so call Byrd Davis Alden & Henrichson, LLP, in Austin, Texas, for a free consultation. We'll help walk you through the process and answer your questions. Dial 512-593-7650 or contact us online.