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Comparative negligence laws in California matter when there is more than one party responsible for causing an incident. Under these laws, individuals who are partially responsible for causing their own injuries can still recover compensation from a negligent party. However, there are stipulations.
Here, we want to discuss the pure comparative negligence system in California, focusing on how shared fault can affect the total amount of compensation a person receives. If you have any questions about comparative negligence for your particular claim, we encourage you to reach out to your Orange County personal injury attorney who can help you with this process.
Comparative negligence laws in California are designed to help make personal injury claims more fair. For example, should individuals be barred from recovering compensation if they have any shared fault for an incident? In most situations, states have determined that this would not be fair. Comparative negligence laws are designed to help adequately apportion blame between the parties involved in an incident so that the right individuals receive the correct amount of compensation.
In California and in a few other states around the country, a pure comparative negligence system is employed. This means that individuals can recover compensation even if they are up to 99% responsible for causing their own injury. However, the total amount of compensation a person receives will be reduced depending on their percentage of fault.
In most other states around the country, the cutoff for recovering compensation is typically at 50% or 51%, as opposed to 99%. In a few states, individuals are even barred from recovering compensation if they are only 1% responsible for causing their injury. These are considered contributory negligence states.
One of the most common responses from individuals who have been harmed because of the negligence of someone else is, “shared fault won’t matter because I didn’t have anything to do with the incident.”
The reality is that the other parties involved, their insurance carriers or their legal team could and most likely will try to shift some or all of the blame in other directions, including toward you. Shared fault can hurt your claim even if you absolutely had nothing to do with causing the incident that led to your injuries or property damage.
While we couldn’t possibly list all of the different ways that comparative negligence situations could occur, some examples include:
Let us suppose that a person sustains a severe whiplash injury and property damage due to a rear-end accident. In most situations, a rear driver will typically be at fault for an incident, but that does not mean they are always at fault or always 100% at fault.
For this scenario, let us imagine that the individual sustains $100,000 worth of medical expenses and property damage due to the incident. However, let us suppose that a jury determines the victim was 40% responsible for causing the injury because two of their three brake lights were out. In this case, the individual would receive $60,000 instead of the full $100,000. Using these simplified numbers, we can see that the overall compensation was reduced by $40,000, equivalent to their 40% of blame for the incident.
Even a small percentage of fault assigned to you can significantly impact your claim. Insurance companies are skilled at finding ways to reduce their liability, and they will scrutinize every detail of the incident to assign you some portion of the blame. This is why it is crucial to have an experienced attorney who can counter these tactics and advocate for your full compensation.
It is crucial to have a skilled personal injury attorney by your side if there are any allegations of shared fault after an injury occurs. It is not uncommon for at-fault parties and their insurance carriers or legal teams to try and shift some or all of the blame onto other parties involved, including the injury victim.
When you have an attorney from DiMarco Araujo Montevideo on your side, you will have an advocate ready to investigate the claim and push back against any allegations of shared fault that could see you receive reduced compensation amounts. Your attorney will be your advocate when negotiating with insurance carriers or in front of a personal injury jury.
When dealing with comparative negligence, it is essential to have a clear and accurate account of what occurred. Our legal team can take several steps to clarify the facts and ensure that you are not unfairly blamed for an incident.
We will conduct a comprehensive investigation of the incident. This includes gathering all available evidence, such as police reports, medical records, surveillance footage, and witness statements. By meticulously examining every detail, we can build a strong case that accurately reflects the true events and highlights the other party’s negligence.
In many cases, expert testimony can be invaluable in clarifying what happened. We work with reconstruction specialists, medical professionals, and other experts who can provide detailed analyses and expert opinions. These experts can help demonstrate how the incident occurred and why the other party is primarily responsible.
Insurance companies often use various tactics to assign fault to the injured party. We are well-versed in these strategies and know how to counter them effectively. Our team will challenge any unfounded claims of shared fault and present compelling evidence to support your case.
It is crucial to document your actions and behavior leading up to and following the incident. This can include showing that you followed all safety protocols, were not engaging in negligent behavior, and took reasonable steps to avoid the accident. By providing clear documentation, we can refute any claims that you were partly to blame.
Our goal is to secure a fair settlement that reflects the true extent of your injuries and losses. We will negotiate aggressively with the insurance company to ensure that they do not unfairly reduce your compensation based on comparative negligence claims. If necessary, we are prepared to take your case to trial.
We believe in keeping our clients informed and involved throughout the legal process. We will explain the implications of comparative negligence, keep you updated on the progress of your case, and ensure that you understand your options. Clear communication helps us work together effectively and achieve the best results for your claim. Reach out today to schedule a free case consultation.