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Can I File a Claim if My Injury Occurred While I Was Partially at Fault?
When an accident occurs and you bear some of the responsibility, you may wonder whether pursuing compensation is still worthwhile. The answer depends in part on where you live and how fault is determined, as the laws around responsibility and compensation for personal injury cases vary from state to state. In California, understanding our comparative negligence laws can help you make informed decisions about your legal options.
Here is what you need to know about filing claims in California when you share fault for your injury:
- You can still recover damages even if partially at fault
- Your compensation is reduced by your percentage of responsibility Â
- A jury often determines how blame is assigned, ensuring fault percentages total 100% among all parties
At The Law Office of Scott Righthand, P.C., we regularly help clients with complex personal injury cases, including addressing partial fault claims. If this sounds like the circumstances you are facing, our team can help you determine what you may be able to pursue.
Understanding Comparative Negligence
California follows a pure comparative negligence rule. This means you can pursue compensation regardless of how much fault you bear for the accident. As an extreme example, even if you are 99% responsible, you still have the opportunity to recover 1% of the total damages from other at-fault parties.
This approach differs significantly from contributory negligence systems. Under contributory negligence, any fault on your part would completely bar recovery. California’s more flexible system acknowledges that accidents often involve shared responsibility and provides responsible parties a greater opportunity to recover damages.
How Fault Is Determined
A jury typically assigns fault percentages after hearing evidence from both sides. In cases where both parties are claimed to bear fault, the defendant must prove that the plaintiff contributed to the accident or injuries through negligent behavior. If successful, the jury decides what percentage of blame the plaintiff should bear, as well as the defendant.
The jury considers four key elements when assigning negligence:
- Duty: Did you owe a duty of care?
- Breach of Duty: Did you fail to meet that standard?
- Causation: Did your actions contribute to the harm?
- Damages: Did your negligence cause actual injury?
All assigned percentages must equal 100%. For example, if three parties share fault, their combined responsibility cannot exceed or fall short of complete accountability.
Your fault percentage directly reduces your compensation award. If the jury awards $100,000 in damages but finds you 30% responsible, for instance, you will receive $70,000.
Moving Forward Even With Shared Fault
Comparative negligence laws recognize that most real-world accidents do not involve completely innocent victims. In many cases, you may deserve fair compensation for injuries caused by another party’s negligence even when you bear partial responsibility.
The Law Office of Scott Righthand, P.C. has experience helping clients through the complexities of personal injury law in California on the road to their recovery. Our thorough investigation and strategic approach help us pursue the compensation you deserve under California’s comparative negligence system. If you want to know more about how we can help you with your personal injury claim, contact our team today.
