Comparative Fault and Personal Injury in Orange County, CA
If you have injuries from an accident in Orange County, California, you may be entitled to significant damages as personal injury compensation for your losses. Accident cases are dynamic and can be challenging. Over the course of litigation, the injury dispute is very likely to evolve. For that reason, it is critical to work with an Orange County personal injury lawyer at an early stage.
Contact us at 1-800-THE-LAW2 to get started. We’ll connect you to an experienced Orange County personal injury lawyer in just 10 minutes or less. Consultation is free, so don’t delay! You’ll be able to have your case evaluated and get a sense for what steps you need to take to secure compensation.
What Is Comparative Fault?
Comparative fault can be a confusing concept for first-time plaintiffs, but it is rather straightforward once you dig into it. In simple terms, it is a system designed to evaluate liability in a case where multiple parties are at-fault for the accident.
The state of California implements a form of comparative fault known as Pure Comparative Fault. This makes it much friendlier to plaintiffs than some other states that implement stricter rules.
What Is Pure Comparative Fault?
Essentially, pure comparative fault does not punish an injured plaintiff for being partially at-fault for the accident. In fact, the plaintiff is entitled to recover damages even if they’ve been partially negligent.
For example, suppose that you are injured in a motor vehicle collision. The defendant is mostly at-fault, but you were also speeding at the time of the accident. In California, the court will not preclude you from recovering damages. They will simply reduce your damages recovery by the percentage fault that you’re responsible for.
In the pure comparative fault system, you can be 99 percent at-fault and still sue and recover damages to secure compensation for the defendant’s one percent contribution of fault.
How Does Pure Comparative Fault Impact a Personal Injury Case?
Pure comparative fault is extremely favorable to plaintiffs, in that your partial fault should not stop you from pursuing justice. If the defendant injured you through their negligence, recklessness, or intentional misconduct, you are entitled to damages.
Now, pure comparative fault may reduce your damages recovery depending on how at-fault you are as a plaintiff. For example, suppose that you’re injured in a motor vehicle collision, and you suffer damages worth $100,000. The court determines that you are 50 percent at-fault for the accident. You’d be entitled to recover only 50 percent (the amount that the defendant is responsible for), or $50,000.
In some personal injury cases, a contribution of fault that is very significant (i.e., 50 percent or more) can also reduce your chances of winning the case due to the jury’s bias. A jury may see you as an unsympathetic if you were equally (or more) responsible for the accident than the defendant that you’re suing.
Though challenging, it is possible to achieve litigation goals through skilled advocacy. To develop an effective injury case strategy, you will want to work closely with your personal injury attorney.
Contact 1-800-THE-LAW2 for a Free Consultation with an Orange County Personal Injury Lawyer
Ready to speak to an Orange County personal injury attorney about the possibility of moving forward with your personal injury claims? We’re here to help.
Here at 1-800-THE-LAW2, we operate one of the largest networks of injury attorneys in the United States. Many of our attorneys serve clients in and around Orange County, Irvine, Costa Mesa, and Newport Beach and their surrounding areas in California. We believe that the law should, and can, be more accessible. All too often, personal injury victims resign themselves to their injuries, and don’t bother to seek the assistance they need to secure injury compensation.
We are committed to making sure that you can access skilled legal assistance and pursue your case. Contact 1-800-THE-LAW2 to get connected to an experienced Orange County personal injury lawyer in just 10 minutes or less. Consultation is free and confidential, so there’s no downside to getting in touch.