When you have been injured in a car accident, there are lots of confusing and complex terms that you may hear during the course of your case. It is important that you are at least somewhat familiar with these legal terms so that you understand the process a bit better. Of course, if you have any questions it is always recommended that you consult with your car accident attorney. They will be better able to explain how a particular term applies in your specific case.
Comparative fault is a concept that parties should share responsibility for an accident. It is not very often that someone is 100% at fault for an accident. In Texas, as long as you were less than 50% at fault, you can still recover. Your compensation will be reduced in accordance with your percentage of fault. That percentage will be determined by the court after you and the other side present the facts of your case. For example, if you were speeding but someone ran a red light and hit you. Both sides were wrong to some degree, but your fault was much lower than 50%. A court found that due to your speeding, you were found %20 at fault. If you were awarded $100,000, then your final compensation would be reduced to $80,000.
General Damages v. Special Damages
These are the main damages that you would receive compensation for in a personal injury case. These are also known as economic and non-economic damages. General damages are the damages that flow naturally from the car accident. There is a direct link between the damages suffered and the car accident. These would include pain from the injuries suffered, mental anguish, etc. Special damages are losses the plaintiff suffered that can be adequately calculated. These include medical bills, lost wages, damaged property, etc.