Apportionment
Definition
Apportionment refers to the legal process of dividing or allocating damages, fault, or liability among multiple parties. In personal injury cases, apportionment determines what percentage of responsibility each defendant bears for the plaintiff’s injuries, or how damages should be divided when a plaintiff had pre-existing conditions that were aggravated by an accident.
How It’s Used in Personal Injury Cases
Under Texas Civil Practice and Remedies Code Chapter 33, the proportionate responsibility system requires juries to apportion fault among all culpable parties. Insurance companies frequently use apportionment as a defense strategy, arguing that the plaintiff’s damages should be reduced because some portion is attributable to pre-existing injuries or to the plaintiff’s own negligence. This is one of the most widely used tactics to diminish claim values, particularly when the injured person had prior medical conditions affecting the same body part.
Practical Example
Sarah had a minor back injury from a previous slip-and-fall that had mostly healed. She was then rear-ended by a distracted driver, severely aggravating her back condition and requiring surgery. The insurance company argues it should only pay for the additional damage caused by the collision, not her entire back injury. However, under Texas law, if the defendant cannot prove what portion of the injury was pre-existing versus caused by the accident, the defendant may be liable for the full amount of damages.
Why It Matters to Your Case
When injuries cannot be reasonably divided between pre-existing conditions and accident-related damages, courts often place the burden on the defendant to prove apportionment is possible. If the defendant fails to meet this burden, you may be entitled to full compensation for your entire injury. This principle protects innocent plaintiffs from having their claims unfairly reduced simply because they had prior medical history.
Key Takeaway
Apportionment determines how fault and damages are divided, but when your injuries cannot be separated from pre-existing conditions, Texas law often places the burden on the defendant to prove the division is possible—protecting your right to full compensation.