Does a Criminal Record Affect Personal Injury Settlement in Texas?

Personal injury cases can be complex, involving various factors that may influence the outcome of their settlement. One such factor that individuals often wonder about is the impact of a criminal record on a personal injury settlement in Texas. 

A criminal record can potentially affect a personal injury settlement in Texas. However, it is not an absolute determinant. If you have been convicted before, it may not deny you of your right to receive fair compensation for damages or injury sustained in some cases.

Some of the likely conditions why a prior conviction may likely harm your personal injury case includes; 

• If the conviction occurred pretty recently.
• If the crime was a financial crime or involved some form of deceit.
• If there is information about prior harmful acts as evidence of character in civil litigation.

Generally, any felony conviction within ten years of the civil matter in question may be used against you. This article will explore the relationship between a criminal record and personal injury claims in Texas.

How Criminal Records Can Impact Personal Injury Settlement and Claims in Texas

In Texas, a criminal record can potentially affect a personal injury settlement. Insurance companies and defense attorneys may use an individual’s criminal history to argue that the injured party’s character should diminish the claim’s value. 

Here are some of the possible ways a criminal record can impact your personal injury claims;

1. Contributory Negligence

Texas follows a modified comparative negligence rule, which means that if the injured party is found to be partially responsible for the accident, their compensation may be reduced. A criminal record might be used to establish contributory negligence and reduce the amount awarded in the settlement.

2. Criminal Record as Evidence

If a plaintiff has a criminal record, the defense may attempt to introduce it as evidence to undermine their credibility. They may argue that the plaintiff’s past criminal activities make their claims less believable or cast doubt on the extent of their injuries.

3. The severity of the Offense

The severity of the Offense in the criminal record may also impact the personal injury settlement. More severe crimes may significantly influence settlement negotiations more than minor offenses.

4. Rehabilitation and Character Evidence

In some cases, an injured party with a criminal record may present evidence of rehabilitation and good character to counter any negative perception. This can include testimonials, employment records, counseling, or participation in community service programs.

Conclusion

The impact of a criminal record on a personal injury settlement in Texas can vary depending on the case’s specific circumstances. Each case is evaluated on its own merits, considering the nature of the Offense, its relation to the incident, and other relevant factors.

The presence of a criminal record can influence settlement negotiations. Insurance adjusters and defense attorneys may use the criminal record as leverage to pressure the injured party into accepting a lower settlement offer.

If you have concerns about how your criminal record might influence your personal injury claim, consult an experienced defense attorney who can provide you with the guidance and representation you need.