Contributory Negligence

When a lawsuit is brought for damages caused by an accident, the judge or jury must decide who caused the accident, since more than one person may have been negligent, including the person who is bringing the lawsuit. When the person bringing the lawsuit is found to be at fault or partially at fault for causing his or her own injuries, Texas follows the doctrine of "contributory negligence." In a "contributory negligence" state, the judge or jury decides how much fault should be allocated to each person responsible for an accident, and then apportions the amount of damages accordingly. Thus, if a person is found to be 50% at fault for causing his own injuries, then the other party or parties responsible will only have to pay 50% of the plaintiff's damages, based on the percentage of fault assigned to each of them. If a plaintiff is found more than 50% at fault for causing his own injuries, the court will bar recovery. Tex. Civ. Prac. & Rem. Code § 33.001.

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In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the Statute of Limitations. If you or a loved one is a victim of personal injuries, call The Law Offices of Lennon C. Wright now at (713) 654-7878 or submit a simple Case Review Form. The initial consultation is free of charge, and if we agree to accept your case, we will work on a Contingent Fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.