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Personal Injury FAQ

What If I Am Partially at Fault?

In most personal injury and wrongful death cases, you will not be barred from recovering financial compensation even if you or your loved one was partially at fault for the injury or death. A person becomes partially at fault when their injuries were sustained as a result of negligence on behalf of another party, but not entirely. If you think that just because you were partially responsible for your injuries that you are not liable to compensation, you are.

Whether you were involved in a construction accident, a slip and fall accident, or any other type of accident where you sustained injuries, you may be entitled to financial compensation, even in situations where you are partially to blame.

Texas, for instance, follows a comparative fault scheme that is similar to what is found in many other states. If you are determined to be 51% or more at fault for your injury, then you will be prevented from recovering funds. Otherwise, your compensation will be reduced in proportion to your degree of fault. So, if your total damages are $1 million, and you are found to be 25% at fault, your recovery will be restricted to $750,000.

Disputes over comparative fault can be challenging. If these cases go to court, the jury is responsible for determining the degrees of negligence for both parties. Insurance companies will try to shift as much blame as possible onto the victim of course because they do not want to be the ones shouldering the bill. You need to match fire with fire in these cases and don't let insurance companies bully you. Percentages of fault can be difficult to determine, that is why it is essential to have the proper evidence and representation after your personal injury.

Your future should be in the hands of a team that is never intimidated by complicated cases. We're standing by to listen to what happened and start fighting for the help you need, no matter what. Call us now at (888) 493-1629 to learn more.

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  • $8 Billion Top 3 Largest Jury Verdict in U.S. History Arnold & Itkin LLP tried a Risperdal case against Johnson & Johnson for failing to warn about one of the drug’s most damaging side effects: gynecomastia. Our skill, hard work, and dedication resulted in the third-largest jury verdict ever obtained ...
  • $357 Million Largest Workplace Accident Settlement in Texas history Arnold & Itkin LLP secured a massive nine-figure settlement against a transnational corporation for a workplace incident. The settlement set a Texas record for being the largest personal injury settlement in the state’s history.
  • $222 Million Record-Breaking Verdict for Widow Our firm won $222 million for a woman who lost her husband in an industrial accident caused by a faulty valve. We took the case to trial because the at-fault company refused to take responsibility. The jury saw through the corporate lies and double ...
  • $205 Million Confidential Settlement Obtained for Numerous Clients Arnold & Itkin reached a record $205,000,000 settlement on behalf of clients after several years of hard-fought litigation. The case settled just before trial was set to begin.
  • $171 Million One of the Largest Confidential Settlements in History Arnold & Itkin worked over the course of several years to represent clients in a case that many other law firms turned down. In the end, we were able to obtain a record-setting confidential settlement of $171 million.
  • $117 Million Largest Single-Event Personal Injury Verdict in Louisiana History Arnold & Itkin represented a pregnant woman who experienced stomach pain and called Acadian Ambulance. The driver of the ambulance drove the ambulance into the back of a sugar cane truck causing the plaintiff's spine to be severed at T4 and for her ...
  • $116 Million Confidential Settlement Arnold & Itkin LLP negotiated a massive nine figure settlement on behalf of their clients after several years of hard fought litigation.
  • $110 Million Record Settlement Achieved for Victims of Defective Products Arnold & Itkin obtained a record settlement for individuals harmed by defective, dangerous products. The result exemplifies our commitment to clients and justice for those seriously injured by the conduct of others.
  • $105 Million Record Settlement for Dangerous Product Victims Arnold & Itkin’s legal team helped represent those harmed by dangerous products. We were successful in recovering a $105 million settlement.
  • $97 Million Massive Settlement Secured for Refinery Workers Arnold & Itkin is proud to share that after months of preparation for trial, our firm was able to secure a huge settlement for clients who were injured in a refinery fire. Find out more now.
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