Compensations in Case of Comparative Fault

Comparative fault, also referred to as comparative negligence, is the rule for distributing the damages in cases where both parties are found guilty for the accident. The fault is usually attributed in terms of a percentage to all those involved in the case and each party must pay their share in the other’s damages. In cases where you are also to blame for the accident, like an auto accident perhaps, a Los Angeles personal injury attorney can help represent you in court and present your side of the case.

The comparative fault system in California, explained

California recognizes the pure comparative fault rule. This means that one of the parties involved in the accident can still recover damages even it is at fault for the accident. However, the degree of the recovery is reduced by the degree of fault.

When the accident is judged in court, the jury will determine the degree of negligence each party has. This decision takes place after the individuals have presented their case and evidence. According to this California law, an individual who suffered damages in an accident can still recover his damages even if he is found 99% to blame for the accident. This is possible because there is no legal limit on the degree of negligence in an accident that can disqualify someone from receiving compensations. For example, if the plaintiff is found to be 20% at fault for the accident, then the total damage he or she is entitled to will be reduced by this percentage. The jury will award the amount of damages and also determine the percentage of fault of each party (in a trial without a jury, the judge decides both). The pure comparative negligence rule was not always used in California. However, the California Supreme Court adopted it in Li v. Yellow Cab Co. (1975), rejecting the prior practice, of not allowing for any compensations to the party who was even partly at fault (contributory negligence).

You can watch a video about the pure comparative negligence rule:

Attorneys can also assist in many other cases, such as medical malpractice. If you are injured as a direct result of medical negligence, you can file a lawsuit in California within one year after the discovery of the injury, or within three years of the date of the injury (CCP §340.5) (whichever of these two occurs first). Medical malpractice lawyers in LA can assist you. 

Examples of incidents with comparative fault

Some of the best examples of comparative fault include car or truck accidents. This is also possible for chain car crashes where individuals suffer various degrees of injuries. It can also be used in slip and fall accidents or workplace accidents. 

The comparative fault law offers great flexibility in settling claims and it is advantageous for the defendant/s. If you are involved in an accident with multiple parties and you are the one who suffered the most damages, a lawyer can help you claim damages from the other drivers at fault.

As a plaintiff, you can start by using a settlement calculator to find out what the initial settlement can be in your case. You can then use the advice provided by a personal injury attorney to estimate the percentage of fault you might have had, for example in a car accident where both you and the defendant were speeding or were not paying attention to the traffic signals and lights.

The comparative fault rule may not need to be mentioned in all cases. For example, in case of birth injuries, the mother is likely to have done everything in her power to prevent any injury to herself and her unborn baby or newborn child. However, if injuries do occur during childbirth, birth injury lawyers in Los Angeles can analyze your case and provide you with information about how you can claim compensation for these injuries.

Contact us through the form for more information about the applicable laws in the state of California. 

We can also refer you to information on other types of personal injury cases:

– truck accident attorneys in Los Angeles, 

– brain injury attorneys in Los Angeles,

– slip and fall lawyers in Los Angeles,

– wrongful death attorney in Los Angeles,– malpractice attorney Los Angeles.