Carabin Shaw Accident Injury Lawyers

3 Common Defenses to a Personal Injury Suit

Top 3 Defenses to Personal Injury Claims in Texas

When you are injured because of the reckless actions of another party, the law requires that you be financially compensated. Naturally, the defendants in your case (the person/people who injured you) are going to use every tool available to shift the blame away from them so they don’t have to pay.

This article will explain the top 3 defenses you are likely to encounter in a personal injury suit in Texas.

Comparative Fault Defense

Texas law follows a modified comparative fault rule that stipulates that what a person can collect from a personal injury claim depends on to what degree they were responsible for the accident.

For example, if Mike sues Mary for $100,000 in damages because Mary rear-ended Mike, but the court finds that Mike is 25% responsible because he braked suddenly, Mike can only recover $75,000.

Also, if a person is found to be 50% responsible for an accident, they cannot recover any damages under the modified comparative fault rule. So, you can see why the defendant would be quick to shift as much blame as possible onto the plaintiff for an injury. If they can successfully prove that you are at least 50% responsible, they don’t have to pay anything.