How much blame you share for an accident in Manhattan Beach, California, can have a big impact on how much compensation you can collect. In California, comparative negligence can reduce the amount of damages a plaintiff can recover by the percentage to which their own negligence contributed to their accident.
In many personal injury cases in California, the courts determine that both the plaintiff and defendant bear some blame for the plaintiff’s injuries. Even though the defendant may be found to be negligent and liable, it may be decided that a plaintiff’s actions and behavior played a role in the accident that resulted in their injuries.
In these cases, the amount of compensation an accident victim can recover is limited by the percentage of liability they share for the accident.
An Example of How Comparative Negligence Works
Here’s an example of how comparative negligence works:
Jack was involved in a Manhattan Beach car accident that injured Jill. Jill is asking for $100,000 in damages for her injuries. The case goes to court. It was shown that Jack ran a red light and was responsible for the accident.
However, it is revealed in court that Jill was driving over the posted speed limit when the accident occurred. If she hadn’t been speeding, the injuries she sustained in the accident might not have been as severe. The jury determines that Jill shares 25% of the liability for the injuries she suffered in the wreck. That means Jill will only be able to collect a total of $75,000 dollars from Jack.
The other person in the accident may claim that your negligence contributed to their damages. However, they must be able to prove:
- That you were negligent; and
- Your negligence was a substantial factor in causing their damages.
When assigning the degrees of fault using comparative negligence, the percentage of fault must always total 100 percent.
The most common types of Manhattan Beach personal injury claims in which comparative negligence may be applied include:
- Car, truck and motorcycle accidents
- Pedestrian accidents
- Dog bites
- Slip, trip and fall accidents
- Premises liability
- Product liability
- Medical malpractice
Frequently Asked Questions About California Personal Injury Cases
How long do I have to file a Manhattan Beach personal injury lawsuit?
In California, the statute of limitations for most personal injury claims is two years from the date of the injury. If you do not file a lawsuit within this time frame, you may lose your right to seek compensation. However, certain exceptions could extend or shorten this deadline, so it’s important to consult with a personal injury attorney to understand the specific time limits that apply to your case.
What types of compensation can I recover in a California personal injury case?
In California, you may be entitled to various types of compensation, including medical expenses, lost wages, loss of earning capacity, and pain and suffering. The exact compensation you can recover will depend on the specifics of your case.
What should I do immediately after an accident in California?
After an accident, it’s important to seek medical attention, even if you think your injuries are minor. Document everything related to the accident and your injuries, including taking photos of the scene and gathering contact information from witnesses. Report the accident to the appropriate authorities, and consult with a personal injury attorney to protect your rights and start the process of seeking compensation.
Do I need a lawyer to file a California personal injury claim?
While you are not required to have a lawyer to file a personal injury claim in California, having experienced legal representation can significantly improve your chances of securing fair compensation. A personal injury attorney can handle negotiations with insurance companies, gather evidence to support your claim, and represent you in court if necessary.
How do I choose the right Manhattan Beach personal injury attorney?
Choose a personal injury attorney with experience handling cases similar to yours, a strong track record of success, and who is a good fit personally. Look for someone who communicates clearly, is willing to answer your questions, and makes you feel confident in their abilities. It’s often helpful to consult with a few attorneys before making your decision.
Don’t Let Comparative Fault Prevent You from Seeking Compensation for Your Injuries
The personal injury attorneys at the Law Offices of Scott Dinsmore, APC will fight to make sure you get every penny you are owed. Even if you were partially to blame for the accident, we will fight for maximum compensation.
You can still recover damages after an accident even if you were partially at fault. Don’t let anyone tell you otherwise.
Contact the Law Offices of Scott Dinsmore, APC to schedule a free consultation with a top Manhattan Beach personal injury attorney. We have been helping accident victims in Manhattan Beach and other South Bay California communities for over 30 years.
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