Unfortunately, many assume that recovering compensation for an injury caused by another person’s negligent action is as simple as filing a claim and waiting for a check in the mail. However, this is far from the truth, as the actual process can be incredibly complicated. As such, one important consideration for those looking to pursue a personal injury claim in California must consider is how comparative negligence will impact their case. If you’re unsure what this means or how it can affect the outcome of your case, you’ll want to keep reading. The following blog explores what you should know about these circumstances, including the importance of discussing your legal options with an experienced Contra Costa personal injury lawyer.
What Does Comparative Negligence Mean?
When you are injured in an accident in California, it’s important to understand that comparative negligence will drastically impact the outcome of your case. Essentially, this is a negligence standard that seeks to hold everyone responsible for the injury liable, even the victim. Generally, you’ll find that when an accident occurs, each party will be assigned a percentage of fault. If you, as the plaintiff, are assigned fault, your compensation will be reduced by that percentage. This means that if you are found 20% liable and awarded $10,000, your compensation would be reduced by 20%.
Some states cap a plaintiff’s liability at 50% or 51%, meaning if they are any more at fault, they cannot collect any compensation at all. However, California is a pure comparative negligence state, meaning the victim of an injury can seek compensation regardless of fault. As such, this means you could potentially be found 99% at fault and still recover 1% of the compensation you are awarded.
This is a much less strict system than contributory negligence, in which someone found partially at fault is barred from recovering any compensation for their injuries. Under this system, a victim who is found even 1% at fault for their injuries is unable to recover any compensation for the damage they’ve sustained.
How Is the Percentage of Fault Determined?
As mentioned, your compensation will be reduced by your percentage of fault in the accident. However, it’s important to understand how this amount is determined. If your case proceeds to trial, you’ll find that the courts will determine fault based on the four elements of negligence. Additionally, you’ll find that the jury can only award blame if there is substantial evidence to back up the claim.
Fighting for the compensation you deserve can be incredibly difficult, especially when navigating a devastating injury and a complex legal system. As such, it is in your best interest to connect with an experienced attorney with O’Connor Law APC to help guide you through these difficult times. Our firm understands how overwhelming these matters can be, which is why it’s in your best interest to connect with a member of our firm to learn more about your rights. Contact us today to learn how we can assist you.
