How Does California’s Comparative Negligence Law Affect My Claim?

California’s comparative negligence law enables courts to allocate fault percentages among all parties involved, allowing you to recover damages even if you are partially responsible for the accident.

The assigned fault percentage will directly impact the amount of damages you receive. If you are found partially at fault, your award will be reduced accordingly. Our Los Angeles personal injury lawyers can explain how this law may affect your claim.

Understanding Pure Comparative Negligence in California

In California, negligence is defined as “the failure to exercise the care that a reasonably prudent person would have exercised in a similar situation.” When evaluating liability, the court assesses the evidence to determine each party’s degree of fault. 

This assessment will then be used to allocate damages accordingly. If you are 20% at fault, California’s comparative negligence law will affect your claim by lowering your final compensation by 20%.

California’s version of this law is a “pure” variety. This means that you can seek compensation no matter what your percentage of fault is. As long as you are not 100% at fault, you can get some amount of compensation.

How Fault Is Determined in Personal Injury Cases

Determining fault is critical in personal injury cases, as it directly impacts liability and damages. In California, our lawyers are well-versed in the fault assessment process, which involves a thorough examination of evidence and testimony to assign a percentage of fault to each party involved. 

This process helps the court make a liability determination, and our team is dedicated to building a strong case on your behalf. Even if you’re partially at fault, you can still recover damages under California’s comparative negligence law. Key factors considered in the fault assessment process include:

• The actions of all parties involved in the accident
  
• Any contributing factors, such as weather or road conditions
  
• The extent of the damages suffered by each party

Examples of Comparative Negligence in Action

To better understand how comparative negligence works, let’s examine some scenarios. These examples illustrate how the law divides liability between parties involved in an accident, ensuring that each party is held accountable for their share of the damages.

In a car accident, for instance, you may be found partially negligent if you were speeding when another driver ran a red light, causing a collision. Similarly, in a slip and fall case, you may be deemed negligent if you were texting while walking and failed to notice a wet floor at a grocery store. 

In both cases, the court would determine each party’s percentage of negligence and adjust the damages accordingly. Our firm has seen numerous cases where comparative negligence is involved, and we work to minimize how California’s comparative negligence law affects their claims.

Strategies to Minimize Your Assigned Percentage of Fault

When involved in a personal injury case in California, reducing your assigned percentage of fault can significantly increase your final compensation. Our experienced attorneys at J&Y Law employ several proven strategies to help minimize your liability and maximize your recovery.

Thorough Evidence Collection

The foundation of reducing your fault percentage begins with comprehensive evidence gathering. Our legal team will:

• Obtain and analyze all available surveillance footage that captured the incident
  
• Secure testimony from eyewitnesses who can corroborate your version of events
  
• Collect and preserve physical evidence from the accident scene
  
• Obtain official reports from law enforcement or other authorities
  
• Gather detailed medical documentation linking your injuries directly to the accident

The more evidence we can present showing the other party’s negligence, the stronger your position becomes in negotiations and court proceedings.

Expert Witness Testimony

In complex cases, expert witnesses can provide critical testimony that helps establish the facts and reduce your assigned fault. Our firm works with various specialists, including:

• Accident reconstruction experts who can demonstrate how the incident occurred
  
• Medical professionals who can testify about the cause and extent of your injuries
  
• Engineering specialists who can identify defects or hazards that contributed to the accident
  
• Industry experts who can establish standard practices, and how they were violated

Expert testimony carries significant weight with judges and juries, often proving decisive in comparative negligence determinations.

Addressing Preemptive Allegations

Insurance companies frequently attempt to shift blame to the injured party to reduce their financial liability. Common allegations include:

• You were distracted (e.g., using your phone) at the time of the incident
  
• You failed to mitigate your damages by delaying medical treatment
  
• Your injuries existed before the accident or were exaggerated
  
• You were in a location where you shouldn’t have been

Our attorneys anticipate these tactics and prepare counterarguments backed by evidence to neutralize attempts to increase your percentage of fault.

Negotiation and Litigation Strategy

The way your case is presented can significantly impact fault determination. Our attorneys employ strategic approaches to negotiations and court presentations:

• Framing the narrative to emphasize the other party’s primary responsibility
  
• Demonstrating how your actions were reasonable under the circumstances
  
• Highlighting any laws or regulations the other party violated
  
• Using visual aids and timelines to clearly illustrate the sequence of events
  
• Emphasizing precedent from similar cases with favorable outcomes

Our experience with California’s comparative negligence system allows us to effectively advocate for the lowest possible fault percentage attribution to you.

The Impact of Proper Legal Representation

Represented plaintiffs receive higher compensation than those without legal counsel, even accounting for attorney fees. This advantage is particularly evident in comparative negligence cases, where skilled legal arguments can significantly reduce your assigned percentage of fault.

At J&Y Law, we have helped numerous clients reduce their initially proposed fault percentages through aggressive representation and strategic case development. Our knowledge of how insurance companies and defense attorneys operate gives you a substantial advantage throughout the process.

Don’t let accusations of shared fault diminish the compensation you deserve. Contact our experienced California personal injury attorneys today for a free consultation and case evaluation.

Contact a Lawyer if You’re Accused of Being At Fault for a Claim

Now that you understand how California’s comparative negligence law affects your claim, it’s essential to take proactive steps to build a strong case. Even a small percentage of fault can significantly reduce your compensation. 

By understanding the law and presenting your case effectively, you can maximize your damages. Our experienced attorneys at J&Y Law can help you build a strong case and secure the best possible outcome. Contact J&Y Law for a free consultation to discuss your case.