How Does Comparative Negligence Work in California?
Sometimes, multiple people are partially responsible for the same accident. You can’t just blame one of those people and let the rest off the hook. This is the problem California personal injury law attempts to solve through the doctrine of comparative negligence.
Instead of one party being blamed for an accident, comparative negligence allows multiple parties to share a percentage of the blame. Even if you understand how comparative negligence works in California, you may not understand how it will affect your personal injury lawsuit.
Keep reading to find out.
The Basics of Comparative Negligence in CA
Comparative negligence allows the victim of a personal injury to receive compensation for their accident even if they’re partially responsible for the accident. However, the amount of compensation the injury victim receives will be reduced in accordance with the percentage of the blame the victim is found to hold.
That means the at-fault party and their attorney are going to do everything they can to make it look like you hold more of the blame than you actually hold. If they’re successful, they can reduce the compensation you receive, leaving you stuck paying for medical bills, lost wages, and other damages that you can’t afford.
The good news is that a Los Angeles personal injury lawyer at our firm can help you understand how comparative negligence works in California and fight to place the blame where it belongs—on the person who injured you.
Cases Comparative Negligence Can Apply To
Comparative negligence can apply in most types of California personal injury cases. The following are some injury case types comparative negligence can apply to:
- Slip-and-fall accidents
- Medical malpractice
- Car accidents
- Product liability
- Bicycle accidents
- Motorcycle accidents
For example, if you were going a few miles per hour over the speed limit on your motorcycle when a drunk driver hit you, you might hold a small percentage of the blame, but the other driver is going to hold the lion’s share. If you’re found to be 10 percent liable for your injuries and you are awarded $1 million in damages, you’ll receive only 90 percent of that—$900,000.
No matter what kind of personal injury claim you’re dealing with, our experienced attorneys can help you maximize the compensation you recover for your damages.
Contact Our LA Personal Injury Law Firm
In California, comparative negligence can make or break your personal injury lawsuit. That’s why it’s so important to call an attorney who can help you navigate this complex legal topic.
Our team of experienced attorneys is here to assist you as you seek compensation for your injuries. Our combined twenty-five years of experience has earned us the trust of the LA community. No matter your situation, we’re here to help.
We will fight for a higher percentage of compensation on your behalf. With our client-friendly practices like free initial consultations, our law firm is eager to help you with your injury case. If you need a lawyer, call Custodio & Dubey, LLP at 213-593-9095 or fill out the online contact form at the bottom of the page.