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How Can California’s Comparative Negligence Law Affect a Personal Injury Case?
When you’ve been injured in an accident, navigating California’s personal injury laws can be overwhelming—especially if questions about fault arise. California’s comparative negligence law plays a pivotal role in these cases, determining how much compensation you may be entitled to, even if you share some responsibility for what occurred. Understanding this law is crucial for safeguarding your rights and securing the compensation you deserve. Our attorneys at the Law Office of Scott Righthand, P.C. provide insight into comparative negligence and what it means for your case.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine used to allocate fault among all parties involved in an accident. California adheres to the “pure comparative negligence” standard, meaning that even if you are partially to blame for an accident, you can still recover compensation. However, the amount you receive will be reduced by the percentage of your fault.
For example, imagine you’ve been injured in a car accident, and the jury determines you were 30% at fault for the collision. If the total damages are calculated at $100,000, your compensation would be reduced by 30%, leaving you with $70,000. This framework allows injured parties to recover damages even when their own actions contributed to the accident.
How Comparative Negligence Affects Personal Injury Cases in California
The application of pure comparative negligence can significantly influence the outcome of your personal injury case. Defendants and their insurers often use this doctrine to minimize their financial liability, arguing that your negligence caused or contributed to your injuries. When such claims arise, it becomes essential to build a strong case that accurately demonstrates the roles and responsibilities of everyone involved.
Cases where this law applies include a wide range of incidents, such as car crashes, slip-and-fall accidents and defective product injuries. For instance, in a slip-and-fall case, a property owner may argue that the injured person wasn’t paying attention or ignored warning signs, attempting to shift some blame onto the plaintiff. The degree of fault assigned can drastically affect the amount you recover, making it critical to have strong legal representation.
How an Attorney Can Support Your Claim
Proving the other party’s fault and minimizing your own liability requires careful investigation. At the Law Office of Scott Righthand, P.C., we understand how comparative negligence laws are applied in California and work tirelessly to advocate for our clients’ best interests. Here’s how we approach such cases:
- Thorough Evidence Collection – We review police reports, video footage, medical records and witness statements to present a clear narrative of what happened.
- Consultations With Relevant Professionals – Working with specialists such as accident reconstructionists or medical experts helps establish the defendant’s liability.
- Countering Fault Claims – When defendants attempt to attribute blame to you, we gather robust evidence to challenge those claims, ensuring the focus remains on their negligence.
- Skilled Negotiation or Litigation – Whether through a fair settlement or taking your case to court, we fight relentlessly to secure the compensation you need and deserve.
Contact Us for Legal Guidance
If you’ve been injured in an accident, understanding and navigating California’s comparative negligence law can be daunting—but you don’t have to face it alone. The Law Office of Scott Righthand, P.C., helps clients secure justice even in complex cases involving shared fault. Our team is committed to fighting for meaningful compensation that reflects the true impact of your injuries. Contact us today for a free consultation and take the first step toward a resolution.
