California operates under a “pure comparative negligence” rule. This means that even if you are found to be primarily responsible for an accident, you can still recover damages for your injuries. This article explores how California’s comparative fault statute works and its implications for personal injury cases.
Scales of Justice
Understanding California’s Pure Comparative Negligence
Unlike many states that use a “modified comparative negligence” system, California allows for recovery even if the injured party is 99% at fault. However, your compensation will be reduced in proportion to your degree of fault. For example, if you suffer $100,000 in damages but are deemed 80% at fault, you will only receive 20% of the damages, or $20,000.
This system differs significantly from “contributory negligence” states, where any fault on the part of the injured person completely bars recovery. California’s pure comparative negligence statute aims to provide a fairer outcome by allowing some compensation even when the injured party bears some responsibility.
How Does Comparative Fault Work in Practice?
In a personal injury case, the court will determine the percentage of fault assigned to each party involved. This process often involves examining evidence such as police reports, witness testimonies, and expert opinions.
Once fault is apportioned, the injured party’s recovery is reduced accordingly. This calculation applies to all types of damages, including medical expenses, lost wages, and pain and suffering.
Implications of Pure Comparative Negligence
California’s pure comparative negligence rule has several important implications:
- Responsibility Matters: While you can recover damages even if largely at fault, minimizing your degree of responsibility strengthens your case and maximizes potential compensation.
- Negotiation is Key: Comparative fault often plays a central role in settlement negotiations. A skilled attorney can help you present a strong case to minimize your assigned fault and secure a fair settlement.
- Multiple Defendants: In cases with multiple at-fault parties, California’s system allows for recovery from each defendant proportionate to their fault.
Establishing Negligence in California
To recover damages under California’s comparative fault statute, you must still prove the other party’s negligence. This involves demonstrating:
- Duty of Care: The other party owed you a legal duty to act responsibly.
- Breach of Duty: They violated that duty.
- Causation: Their breach of duty directly caused your injuries.
- Damages: You suffered quantifiable harm as a result.
Seek Legal Counsel for Your Personal Injury Claim
Navigating California’s comparative fault system can be complex. A qualified personal injury attorney can help you understand your rights, gather evidence to minimize your assigned fault, and negotiate effectively for fair compensation. Contact a lawyer experienced in California personal injury law to discuss your case.
