Determining Liability in Paralysis Injury Cases
Some states follow a comparative negligence rule when determining liability for personal injuries. Others use contributory negligence. In Texas, and in Melissa by association, the model courts follow is called modified comparative negligence.
This means that the amount of compensation the person causing injury owes the injured person for an injury will be reduced by the percentage of fault the injured person is responsible for. In other words, if a person is found to be 25 percent at fault for the injury that caused their own paralysis, they would receive 25 percent less compensation than they theoretically could have received if the person causing the injury is found 100 percent at fault. Texas is a modified comparative negligence state meaning that if the survivor is found more than 50 percent at fault for their injury, they recover nothing.
This makes it imperative to retain a dedicated Melissa paralysis injury attorney who will present evidence to the court and argue for as much liability as possible for the person causing the injury in order to maximize the total compensation.