Being hurt in an accident can leave you struggling with the complexities of California’s personal injury laws, particularly when determining who is at fault becomes an issue. California employs a system of comparative negligence to govern these situations, which directly impacts the size of your settlement, even if you’re partially responsible for the incident. Understanding the nuances of this statute is essential for protecting your claim and securing the compensation you’re entitled to. Please continue reading to learn about comparative negligence in California and its potential implications for your personal injury case. Contact an experienced Los Angeles, California, Personal Injury Lawyer today for guidance and skilled representation.
What is Comparative Negligence?
Unlike other states, California adheres to a pure comparative negligence system. Under this legal doctrine, fault can be shared among multiple parties. This means that you’re still eligible to recover damages, even if you’re found to be partially, or even primarily, at fault in comparison to the defendant. However, your compensation will be reduced by your percentage of fault for the accident. For instance, a plaintiff may be assigned 25% at fault in a $100,000 accident; this means they can still recover $75,000 for their losses.
How is Fault Determined in California Personal Injury Cases?
Determining liability in a California personal injury case is a meticulous process based solely on concrete evidence, not conjecture. It’s crucial to understand that responsibility can be shared among multiple parties, such as motorists or property owners.
Fault is generally established by demonstrating that a party owed a duty of care, breached that duty, caused the accident, and caused quantifiable damages. Insurance adjusters and attorneys will examine police reports, photos/videos of the scene, witness statements, vehicle damage, and medical records. Adjusters begin evaluating fault during the claim process. If disagreement arises over liability, the case may need to proceed to litigation, where a judge or jury ultimately allocates responsibility after reviewing the arguments presented by each side.
Fault allocation will dictate the settlement amount. Bear in mind that a case with a higher comparative negligence will likely result in a lower award.
How Can California’s Comparative Negligence Law Affect a Personal Injury Case?
If you’re deemed partially responsible for an accident, California law ensures you’re not completely barred from recovering damages. However, your percentage of fault directly lowers compensation for your economic and non-economic losses. This encourages insurance companies to minimize payouts by assigning higher fault percentages to the injured party. They will aggressively look for evidence of the victim’s negligence to reduce their liability.
As you can see, minor shifts in the allocation of fault can drastically impact the awarded compensation. Legal assistance can maximize the likelihood of a favorable outcome. Contact the legal team at Los Angeles Legal Solutions today to schedule a consultation.
