The key to recovering compensation in a personal injury case is proving fault. This is because the law states you are entitled to compensation for your injuries that were caused by another party’s negligence. But what if you were partly to blame for an accident? Can you still recover compensation for your injuries? Here’s what you need to know:
What is Comparative Negligence?
The comparative negligence laws in California allow victims to recover compensation for their injuries even if they were partly to blame for the accident. However, the compensation that victims are awarded is reduced to account for the role they played in the accident. This law can affect the outcome of your personal injury case, which is why it’s so important to understand how it works.
How Comparative Negligence Works in Personal Injury Cases
Let’s say two drivers are involved in a car accident in California. The accident occurred when driver A made a left turn and collided into driver B, who was driving 20 mph over the speed limit at the time of the crash. Driver B files a personal injury claim against driver A in order to recover compensation for her injuries. She has $100,000 in medical expenses, lost wages, and other damages.
The court finds that both parties are partly to blame for the accident since driver A should not have made the dangerous turn and driver B should not have been speeding. The court rules that driver A is 75% at fault and driver B is 25% at fault for the accident. Driver B is still entitled to compensation for her injuries, but she will no longer receive the full $100,000. She will not receive 25% of this compensation since she was 25% at fault for the accident. Therefore, the court will award her $75,000 to account for her negligence.
Recovering Compensation When You Are Partly to Blame For An Accident
This is how comparative negligence works in a personal injury case. Plaintiffs can recover compensation as long as the defendant is assigned some degree of fault. In fact, a plaintiff can recover compensation even if they are assigned a higher percentage of fault than the defendant.
Have you been injured? If so, seek legal representation from experienced attorney Martin Gasparian right away. Mr. Gasparian will aggressively fight to ensure you are awarded compensation for your injuries even if you were partly to blame for the accident. Schedule a free consultation regarding your case by calling 559-203-3333 or submitting your information at MaisonLaw.com.
