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California’s Comparative Negligence Laws: How Do They Affect Your Personal Injury Case?

California law includes a standard that’s sometimes referred to as a pure comparative fault standard. What does this mean? And how will it affect your personal injury case? The answers to that depend partially on the type of case you’re dealing with. However, you can continue reading to get some general ideas. Then contact Law Offices of Fernando D. Vargas at 909-982-0707 to get a free case evaluation and find out how it affects your case specifically.

What is comparative fault and comparative negligence?

At its most basic level, comparative fault standards allow a plaintiff to get damages even if they’re partially at fault for an accident. Their percentage of fault is then deducted from the amount of their total award. For example, if they were found to be 40% at fault for an accident, then they would get 60% of what the judge and / or jury awarded.

This issue only arises in specific situations

In most cases, comparative negligence doesn’t come into play at all because someone is at fault. That said, when there isn’t just a single person at fault, it can be relevant. In the great state of California, a plaintiff can technically recover damages even if the accident they’re suing over was 99% their fault. That said, they’d only get 1% of the amount attributable to the defendant.

In most other states that have comparative negligence standards, a plaintiff can’t be more than 50% at fault in order to recover damages. The laws in California make it easier for someone who was the victim of an accident to sue, even if the accident was partially – or even mostly – their fault.

Motor vehicle accidents often included comparative negligence

In the event of a disputed liability car accident, jurors have several things to figure out. First, they must apportion fault between the people involved. They must then determine the entirety of the damages that the plaintiff suffered.

Once these two pieces of information have been decided upon, simple math makes it easy to see how much the plaintiff will recover. In the event the defendant claims that the plaintiff did something that contributed to their own harm, then there are two things that must then be determined:

  1. Was the plaintiff at fault?
  2. Did the plaintiff’s negligence significantly and negatively impact their well-being?

If the defendant is able to prove these issues, then the damages awarded to the plaintiff will be reduced by the amount the plaintiff is deemed responsible.

These are situations that require a personal injury attorney

If you don’t fully understand this concept, you’re not alone – most people who don’t have a law background are lost when it comes to this complicated issue. That’s why it’s always worth it to contact Law Offices of Fernando D. Vargas at 909-982-0707. We offer a free case evaluation so there’s no risk. We’ll go over the basics of your case, consider the facts, and help you decide if you have a case. If you do, then we’ll take it on a contingency basis, which means you don’t pay us a penny until you receive your award or settlement. Call us today to get started.