Whether you can file a wrongful death claim in San Antonio when the victim was partially at fault in Texas depends on how much the victim contributed to their own injuries. Here is how Texas courts deal with this common problem.
Texas’ Modified Comparative Fault Law
Texas uses a modified comparative fault law when victims contribute to their own injuries. Under this law, victims (or their families in wrongful death cases) can still recover compensation for injuries that they contributed to as long as they were not more than 50% responsible for the accident. However, their damages are reduced by their degree of fault. If the victim was more than 50% at fault for the accident, the family will not be able to recover any compensation.
How Texas’s Comparative Fault Law Affects Damages
Texas families may be able to recover compensation for the damages they incurred due to the wrongful death, such as medical expenses, lost income, and mental anguish. However, the value of these damages is reduced proportionately by the victim’s degree of fault.
For example, if your loved one was speeding at the time of a motor vehicle accident, mostly caused by the careless driving of another motorist, your loved one could be assigned a portion of the fault. If your loved one was found to be 10% at fault for the accident and your damages are $100,000, the damages would be reduced by 10% or $10,000 in this example, leaving the family able to recover the remaining $90,000.
How to Prove Fault in a Wrongful Death Case
Insurance companies are very familiar with the state’s comparative fault law, so they may try to push more blame onto the victim than is fair. Your San Antonio personal injury lawyer can help preserve and gather evidence that can help prove fault in your wrongful death claim, such as:
- Medical records
- Death certificate
- Autopsy records
- Witness statements
- Medical expert testimony
- Accident reports
- Expert analysis from an accident reconstruction expert
- Video surveillance footage
- Photos of the accident scene
- Electronic data, such as cell phone records, GPS data, or vehicle black boxes
How a Personal Injury Lawyer Can Help with a Wrongful Death Case
It can be complicated to obtain the evidence described above alone. Your San Antonio auto accident lawyer can issue subpoenas, conduct formal discovery requests, and use their legal acumen to help obtain valuable evidence and then use it to build a strong legal strategy. Wrongful death lawyers can also work to ensure that your loved one’s side of the story comes out and that the insurance company or defendant isn’t able to spin the narrative their way just because your loved one is not here to give a voice. They can push back against unfair allocations of fault and highlight inconsistencies in the other side’s narrative.
Contact George Salinas Injury Lawyers for Legal Assistance
If you lost a loved one, George Salinas Injury Lawyers can help. We know this is one of the most difficult times in your life and are here to provide you with the compassionate and effective legal representation you need. Contact us today to for a free consultation.