Yes, you can file a wrongful death claim in Texas, even if the victim played some part in causing their fatal accident. However, the damages that can be awarded to the family in a wrongful death case will be reduced based on the victim’s role in the accident.
If the victim was primarily responsible for their fatal injuries, the family’s right to recover compensation will be barred. Working with an experienced Round Rock wrongful death attorney is the best way to protect your interests after a fatal accident, especially if your family member is being blamed.
How Comparative Negligence Rules Affect Texas Wrongful Death Settlements
Texas is a modified comparative negligence state. Just because someone contributes to an accident in which they’re injured or killed doesn’t automatically end the right to pursue compensation from other responsible parties. However, the degree to which that person bears responsibility does affect a claim.
There’s a 51 percent bar to recovery. Sharing most of the blame for an accident is a total bar to recovery. Sharing 50 percent or less responsibility for an accident can lead to a reduction in damages. The reduction is proportional to shared fault. For example, if someone is 50 percent to blame for an accident, any related monetary award is reduced in value by half.
In most personal injury lawsuits, the plaintiff’s shared fault is at issue. In wrongful death cases, we look at the decedent’s shared fault.
This means that you can file a wrongful death claim and recover compensation for related damages as long as your family member was not mostly responsible for the accident in which they were killed. If they bear any responsibility, your financial recovery will be reduced in direct proportion to their share of the blame.
The Insurance Company Will Try to Blame the Decedent for Their Fatal Accident
The insurance company might appear to be sympathetic to your loss, but that doesn’t mean the adjuster is going to help you recover compensation. In fact, they’re going to do everything they can to deny the claim or reduce the award that’s paid. One favored tactic is to blame the deceased accident victim.
Your family member isn’t around to dispute these claims, share their perspective and side of the story, or fight for themselves. In these situations, it’s imperative to have an experienced wrongful death attorney in your corner who knows how to fight back against claims of contributory fault.
Our Wrongful Death Lawyers Can Help Your Family Fight Back Against Claims of Shared Fault
Dow Law Firm anticipates these claims and knows the best way to counter them. Our wrongful death attorneys in Round Rock will investigate independently, act quickly to preserve critical evidence, interview witnesses promptly, and find the facts that force liability to be apportioned properly.
Many times, insurance companies point fingers and cast blame without much to back it up, simply hoping that the family will be scared into taking a lowball offer or walking away with nothing.
Our Round Rock wrongful death lawyers won’t let you fall victim to their deceitful strategies. Call our wrongful death attorneys at (512) 240-9951 or complete our online contact form to learn more. Your first consultation is free.