Can I Still Pursue Compensation If I’m Partially at Fault for My Injury in California?

Michael Waks

2 months ago

If you’ve been injured in an accident in California and believe you may be partially at fault, you may wonder whether you’re still eligible to pursue compensation. Understanding California’s comparative fault laws is crucial in determining your legal options. Here’s what you need to know about pursuing compensation when you’re partially at fault for your injury:

Comparative Fault Principle

California follows a comparative fault principle, which means that even if you are partially responsible for your injury, you may still be entitled to compensation. Under comparative fault laws, your recovery may be reduced in proportion to your degree of fault for the accident. This means that if you were found to be 30% at fault for the accident, your compensation would be reduced by 30%.

Pure Comparative Fault Rule

California adheres to a “pure” comparative fault rule, which is more lenient than other states’ comparative fault systems. In pure comparative fault states like California, you can still recover damages even if you are found to be more at fault than the other party. However, your compensation will be reduced by your percentage of fault.

Determining Fault

Determining fault in a personal injury case involves assessing the actions and behaviors of all parties involved in the accident. Factors such as negligence, recklessness, and failure to adhere to traffic laws may contribute to fault. It’s essential to gather evidence, such as witness testimonies, police reports, and expert opinions, to accurately determine each party’s degree of fault.

Impact on Compensation

Your degree of fault can significantly impact the amount of compensation you receive. If you are found to be partially at fault for your injury, your total compensation will be reduced accordingly. For example, if your total damages amount to $10,000 but you are determined to be 20% at fault, your compensation would be reduced to $8,000.

Importance of Legal Representation

Navigating the complexities of comparative fault laws and negotiating with insurance companies can be challenging, especially while dealing with injuries and recovery. Seeking guidance from a skilled personal injury attorney is crucial in maximizing your compensation. An attorney can assess the details of your case, advocate on your behalf, and ensure that your rights are protected throughout the legal process.

Conclusion

If you’ve been injured in an accident in California and believe you may be partially at fault, you may still be eligible to pursue compensation under the state’s comparative fault laws. Understanding how comparative fault works and its impact on your potential recovery is essential in navigating the personal injury claims process. By seeking legal guidance from an experienced personal injury attorney, you can assess your options, protect your rights, and pursue the compensation you deserve for your injuries and losses. Don’t hesitate to consult with an attorney to explore your legal options and seek the justice you deserve.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.