Understanding the Soriano Rule in Texas
Welcome to Chandler Ross Injury Attorneys, your trusted source for legal advice and support in Denton, Texas. In this comprehensive blog, we will delve into the intricacies of the Soriano Rule in Texas and how it can significantly impact personal injury cases. As experienced Denton Personal Injury Lawyers, we are dedicated to providing you with valuable information to help you navigate the complex legal landscape. Whether you’re in Denton, Dallas, or anywhere in the DFW area, understanding the Soriano Rule is crucial for anyone involved in a personal injury claim.
What is the Soriano Rule?
The Soriano Rule, named after the 1996 Texas Supreme Court case Soriano v. Garza, fundamentally changed the way personal injury cases are handled in Texas. Before we delve into the specifics, let’s establish a clear definition.
The Soriano Rule in Texas refers to the legal principle that restricts the recovery of damages in personal injury cases when the injured party is partially at fault for the accident. This rule has had a significant impact on the compensation plaintiffs can receive in personal injury claims.
Comparative Negligence in Texas
To understand the Soriano Rule fully, it’s essential to grasp the concept of comparative negligence. In Texas, we follow a modified comparative negligence system, which plays a pivotal role in personal injury cases. This system considers the extent to which each party involved in an accident is responsible for the injuries and damages.
Under the modified comparative negligence system:
- If you are less than 51% at fault for the accident, you can seek compensation from other at-fault parties.
- Your recoverable damages will be reduced by your percentage of fault.
- If you are 51% or more at fault, you are generally not entitled to recover any damages from other parties.
The Impact of the Soriano Rule
The Soriano Rule specifically addresses the issue of damages when the injured party is found partially at fault for the accident. In such cases, the Soriano Rule comes into play, and its implications are crucial for both plaintiffs and defendants.
1. The 51% Bar Rule
One of the most significant aspects of the Soriano Rule is the 51% Bar Rule. As mentioned earlier, if you are found 51% or more at fault for the accident, you cannot recover damages from other parties involved. This rule ensures that individuals who are primarily responsible for an accident do not receive compensation from others who may have contributed to the incident to a lesser extent.
2. Proportional Responsibility
Under the Soriano Rule, your recoverable damages will be reduced in proportion to your percentage of fault. This means that if you are partially at fault for the accident, your compensation will be diminished accordingly. For instance, if you are deemed 20% responsible for the accident, you can only recover 80% of the total damages you would have received if you were not at fault at all.
3. Impact on Settlements and Litigation
The Soriano Rule’s presence can significantly affect the negotiation and settlement of personal injury claims in Texas. Insurance companies often use the rule to minimize their payouts by arguing that the injured party shares some level of responsibility. This underscores the importance of having an experienced Texas Personal Injury Attorney on your side, advocating for your rights and ensuring that your fair share of compensation is protected.
Strategies for Dealing with the Soriano Rule
Navigating personal injury cases in Texas, considering the Soriano Rule, can be complex. However, there are strategies that skilled Injury Attorneys in Denton, TX can employ to maximize the compensation you receive:
1. Comprehensive Investigation
Thoroughly investigating the accident is essential to establish the true extent of each party’s liability. Gathering evidence, interviewing witnesses, and reconstructing the events leading to the injury can help strengthen your case.
2. Skillful Negotiation
Experienced Denton Personal Injury Lawyers are adept at negotiating with insurance companies and opposing parties. They can counter attempts to diminish your claim’s value by presenting compelling arguments and evidence.
3. Litigation Expertise
In some cases, litigation may be necessary to secure fair compensation. Skilled Texas Personal Injury Attorneys can represent you effectively in court, presenting a strong case that supports your claim for damages.
Conclusion
In summary, the Soriano Rule in Texas plays a pivotal role in personal injury cases, affecting how damages are allocated when the injured party shares some responsibility for the accident. Understanding this rule is crucial for anyone involved in a personal injury claim in Denton, Dallas, or the broader DFW area.
At Chandler Ross Injury Attorneys, we are dedicated to providing top-notch legal representation and guidance to ensure that our clients receive the compensation they deserve. If you or a loved one has been injured in an accident, contact us today to schedule a consultation with our experienced team of Injury Attorneys in Denton, TX. We are here to protect your rights and fight for the justice you deserve.
With offices in Denton, Keller, Euless and Southlake, Texas, Chandler | Ross, PLLC and our Personal Injury Attorneys are well positioned to provide the most effective and highly-skilled representation possible. We are a local law firm, focused on providing each and every client with the best representation possible. If we take your case, it’s for a reason, and we’re going to prove that to you. Don’t wait, and don’t compromise. Contact us today for a Free Case Evaluation. In most cases, you pay nothing unless you recover. Contact us now. (940) 800-2500
DISCLAIMER:
While Chandler | Ross makes every effort to ensure information disseminated throughout this website is correct and up to date, we cannot and do not guarantee that informational blogs and articles within the siteare accurate, up-to-date, and/or applicable to any specific situation. Nothing herein is intended to create, and nor does it create an attorney-client relationship of any kind. The information contained within this site is for general use and educational purposes only, and should not be relied upon as legal advice of any kind. No action should be taken in reliance of this information without first contacting an attorney who is licensed to practice in your jurisdiction.
