The state of California adheres to the law of comparative fault (or comparative negligence). As we’ve mentioned in other blogs, personal injury law encompasses a multitude of claim types. Among the most common claims are car accidents, wrongful death, dog bite, slip/trip and fall, product liability, medical malpractice, premises liability, and more. Essentially, personal injury law provides protection when a person or company hurts you, either through malice or negligence. When these situations occur, the affected person has the legal right to file a civil claim to recover compensation for the damages suffered.
California is what is known as a pure comparative negligence state. This law defines that the complainant, better known as the injured victim, can recover financial compensation for the damages received (even if he is partially responsible or at fault for the accident). This law covers virtually any personal injury case, and its purpose is to distribute the corresponding responsibility to each party involved in the accident. It may happen that a person is 100% responsible for the incident; in these cases, the total responsibility will not be shared.
It’s actually a reasonably fair way to determine compensation for damages in a personal injury claim. California’s comparative fault (negligence) law states that each party will have to cover a percentage of liability in the accident. These cases can be complex due to the importance of evidence and proof of how the accident was caused. Each piece of evidence will play a critical role when the court defines the percentages of responsibility in the case.
If you suffered a personal injury, do not hesitate to contact us. Our team has extensive experience in litigating cases under the comparative fault law. Let us fight for the fair compensation that you and your loved ones deserve.