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.