When Are You Entitled to Compensation After an Accident?
There are numerous considerations to know if you’re eligible under Texas law for compensation after an accident. For example, you need to be able to prove the link between the at-fault party’s actions and your damages.
Also, you need to be aware of the impact of the statute of limitations.
Learn more about who is eligible to file a car accident claim in Texas, and don’t hesitate to contact an Austin car accident attorney with Gibbs & Crivelli, Slingshot Law.
Understanding Negligence Law in Texas
Negligence is the main legal concept behind personal injury claims.
In order for you to recover a personal injury settlement after an accident in Texas, it’s necessary to be able to prove the negligence of the at-fault party.
Generally, the four components of negligence include:
Duty of Care – The person responsible for the incident was supposed to keep you safe.
Breach – However, this duty of care was broken by the at-fault party through their own careless actions or inaction.
Causation – The link between your injuries and the accident was, in fact, the other party’s carelessness, and not something else.
Damages – The incident left you with actual damages.
In order to successfully file a claim in Texas, it’s necessary to demonstrate that these conditions were met by the accident in question.
Finally, it’s also important to keep in mind that Texas observes modified comparative negligence, which means that you could be barred from recovering a settlement if found to be majority responsible—in Texas, more than 50 percent—for the accident.