Recovering Damages in a Personal Injury Dispute in Pasadena, CA
If you’ve sustained injuries due to the fault of another in Pasadena, then California law gives you a right to sue and recover damages as compensation. Pursuing damages in a personal injury lawsuit isn’t always straightforward, however. There are a number of unique challenges that you may have to overcome as you proceed with civil litigation.
Given the dynamic nature of litigation, it’s important that you consult an experienced personal injury attorney who understands how to effectively and efficiently approach a strategic challenge. It’s not enough to merely “win,” your attorney work hard to maximize your potential compensation.
Contact 1-800-THE-LAW2 today to connect to a skilled Pasadena personal injury lawyer in our network. Consultation is free and confidential.
Pre-Existing Conditions and Recovery
Generally speaking, most defendants get excited when they discover that you, the injured plaintiff, have a pre-existing condition that resembles the new injury that you suffered in the accident.
In personal injury law, liability requires that you prove that you actually suffered injuries, and that the defendant “caused” your injuries. If you already suffered from the injury at-issue, then the defendant cannot be held liable, or so the argument goes.
For example, if you suffer from a neck injury for many years, and then get into a car accident. It would be a lot more difficult to claim that you suffered a “new” neck injury in the car accident, unless you could produce evidence that showed there were new symptoms and issues.
All is not lost if you have a similar pre-existing condition, however. In fact, California law empowers plaintiffs to recover even if they suffer a similar injury, so long as the original condition is “exacerbated” by the new injury. The only limitation is that you’ll be entitled to recover only those damages resulting from the worsened, or exacerbated, symptoms.
Comparative Fault in California
In California, the principle of pure comparative fault applies to personal injury claims. This can have a significant impact on your damage recovery.
How does pure comparative fault work?
Simply put, California law does not prevent you from recovering damages if you were partially at-fault for your own injuries. In fact, you are entitled to recover damages from the defendant even if you were 99 percent at-fault for your own injuries. However, the damage amount you recover will be reduced by the percentage fault that you contributed.
So, for example, suppose that you’re injured in a motor vehicle accident, and you suffer damages equivalent to about $100,000. The court finds that you are 50 percent at-fault for the accident, as you were speeding at the time of the accident.
Given these facts, you’d be entitled to recover damages, but only up to a maximum of $50,000, 50 percent of the claimed damages.
Contact 1-800-THE-LAW2 for a Free Consultation with a Pasadena Personal Injury Attorney
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Here at 1-800-THE-LAW2, we operate a large network of experienced injury attorneys who are standing by to provide assistance. Call us today to connect to a qualified personal injury lawyer in Pasadena, CA in just 10 minutes or less. Your attorney will provide ample guidance for how you should proceed. Consultation is free and confidential, so there’s no downside to getting started with the process.
