How Comparative Negligence Affects Personal Injury Claims in California
California follows a “pure comparative negligence” rule, which means that fault is divided among parties involved in an accident. Learn how this impacts personal injury cases and compensation.
What is Comparative Negligence?
- Define comparative negligence, emphasizing how it allocates fault percentages to each party involved in an accident.
How Comparative Negligence Works in California
- Describe California’s “pure” comparative negligence, where even if you’re 99% at fault, you may still recover 1% of damages.
Examples of Comparative Negligence in Action
- Provide examples, such as a slip and fall where the plaintiff is partially at fault for not paying attention, explaining how the damages are reduced according to their share of fault.
How Fault Impacts Your Compensation
- Explain that if the plaintiff is found partially responsible, the total amount of compensation awarded will decrease according to their percentage of fault.
The Role of an Attorney in Establishing Fault
- Emphasize the importance of hiring an experienced personal injury attorney to gather evidence and argue on your behalf to minimize your percentage of fault.
Encourage readers to contact a San Diego personal injury lawyer to discuss their case specifics and ensure they receive fair compensation despite any shared fault.