Establishing fault in a personal injury incident is trickier than it may initially seem. While Texas is a “fault” state regarding personal injury claims, determining the responsible party in a personal injury incident is more than just assigning blame at the scene of the incident in question. There is a process in place to come to this determination, which is why you should think twice before deciding to forgo filing a claim if you assume the incident is your fault.
Dale R. Rose has an extensive background in Texas personal injury law and has worked with countless clients to navigate their cases, even when they thought they didn’t have one.
Establishing Fault in a Texas Personal Injury Case
Establishing fault prematurely is one of the most common mistakes people make in Texas personal injury cases. While you cannot seek compensation if a personal injury is entirely your fault, you can do so if the incident was only partially your fault and partially the fault of the other party. Therefore, the goal of a Texas personal injury lawyer is to determine what percentage of the fault for the incident lies with the other party.
For example, if the other party is 51% responsible for the incident, this may be enough to make a claim for compensation in your case. This is one of the reasons we caution you against making any assumptions about fault before pursuing a personal injury claim.
Process to Help Establish Fault after a Personal Injury
Once we review the facts of your case and determine that there may be more to it than what it appears to be on the surface, we may begin to collect evidence to prove your claim. This includes getting a copy of the police report and any healthcare records if you had to seek medical attention. We will also solicit eyewitness testimony of the incident and any surveillance footage that might have captured exactly what happened.
We will take a comprehensive approach to help establish fault to collect any compensation you might be due from the incident. It is imperative that you seek the counsel of a qualified Texas personal injury lawyer before you admit fault to your insurance company, the other party or anyone else. You might be going off of what you see in front of you without considering what other extenuating circumstances may have contributed to the incident.
Consult with a Texas Personal Injury Lawyer to Learn More
A reputable Texas personal injury lawyer can help you determine the viability of your claim with a case review. The team at Dale R. Rose is well-versed in processing claims where establishing fault is challenging. Don’t make the mistake of believing that you don’t have a case just because you’ve assumed the fault in the incident was yours. This may not be the case.
We will work diligently to garner the outcome you desire for your personal injury case. Call us today at (972) 737-1333 or contact us online to schedule a free case review.