Protecting Your Rights After an Injury
If you’ve been injured in an accident in Sherman Oaks or anywhere in California, understanding comparative negligence can be critical to protecting your legal rights. In California, even if you were partially at fault for your accident, you may still be entitled to compensation, but the law applies specific rules to determine how much you can recover.
Yana Di Bella at the Law Offices of Garret A. Lungin, has decades of experience navigating these complex cases. Helping clients understand how comparative negligence works and fight to maximize their recovery, no matter how much responsibility is assigned.
What is Comparative Negligence?
Comparative negligence is a legal principle used in California to assign responsibility when more than one party contributed to an accident. Instead of an all-or-nothing approach, California applies pure comparative negligence, meaning your compensation is reduced by your percentage of fault.
For example, if you were injured in a car accident and the court determines you were 20% at fault, and the total damages are $50,000, your recovery would be reduced by 20%—so you would receive $40,000.
This system ensures fairness: even if you share some responsibility, you are still entitled to compensation for the portion of damages caused by the other party.
How Comparative Negligence Works in California?
California law follows Civil Code Section 1714 and relevant case law to determine fault. Here’s a simplified breakdown of the process:
Determining Fault
-
Investigators, insurance adjusters, and courts examine evidence like accident reports, witness statements, and photographs.
-
Each party’s contribution to the accident is assigned a percentage of fault.
-
Calculating Damages
-
Once fault is determined, your total damages—including medical bills, lost wages, and pain and suffering—are adjusted according to your percentage of fault.
-
Recovery Limits
-
Even if you are partially responsible, California law allows you to recover any portion of damages attributed to the other party, regardless of your level of fault.
Attorney Insight
Many injured clients assume that if they share any fault for an accident, they cannot recover anything. This is not true in California. Comparative negligence can be complicated, and insurance companies often try to assign higher percentages of fault to the injured party to reduce payouts. Having an experienced Sherman Oaks personal injury attorney can ensure your share of fault is calculated fairly and that your compensation reflects the true impact of the accident. By Garret A. Lungin.
Yana Di Bella at the Law Offices of Garret A. Lungin handles cases where comparative negligence applies every day, from car accidents and slip-and-fall injuries to pedestrian and motorcycle collisions, just to name a few. The focus is on gathering thorough evidence and negotiating with insurance companies so clients get the compensation they deserve.
Common Situations Involving Comparative Negligence
-
Car Accidents: You may be partially responsible for failing to signal, while another driver ran a red light.
-
Slip and Fall Cases: A property owner may share responsibility if their negligence caused a hazard, even if you were not paying full attention.
-
Pedestrian or Bicycle Accidents: Fault can be split if you were crossing improperly, but the driver was speeding.
In all cases, the key is careful documentation and legal strategy to ensure your share of fault is fair and reasonable.
Can I recover compensation if I was mostly at fault for the accident?
Yes. California follows pure comparative negligence, so you can recover damages proportional to the other party’s fault, no matter how high your own percentage is.
How is fault determined in a personal injury case?
Fault is assessed using evidence such as police reports, witness testimony, photographs, medical records, and sometimes expert analysis. Your attorney can help gather and present this evidence effectively.
Can insurance companies assign my fault unfairly?
Unfortunately, yes. Insurance adjusters may attempt to increase your percentage of fault to lower the payout. Having an attorney review your case ensures that fault is calculated accurately.
How does comparative negligence affect settlement offers?
Settlement offers are adjusted based on fault percentages. For example, if a claim totals $100,000 and you are 30% at fault, the offer may be reduced to $70,000. Proper negotiation can prevent unfair reductions.
Do I need a personal injury professional if comparative negligence applies?
Absolutely. Cases involving shared fault often involve disputes over evidence and fault percentages. An experienced personal injury attorney in Sherman Oaks can maximize your recovery and protect your legal rights.
Why Choose Our Sherman Oaks Personal Injury Firm?
-
Decades of Experience: We have represented clients across Los Angeles County for over 30 years.
-
Local Knowledge: We understand California laws and local courts in Sherman Oaks.
-
Personalized Attention: Every client receives a tailored strategy for their case.
-
No Upfront Fees: Most personal injury cases are handled on a contingency basis, so you only pay if we recover compensation.
-
We combine legal expertise, local knowledge, and client-focused service to ensure your case is handled thoroughly, fairly, and efficiently.
If you or a loved one have been injured in an accident and believe comparative negligence may apply, it’s important to act promptly. Evidence can be lost, witnesses can disappear, and insurance companies may try to assign blame unfairly.
Contact Yana Di Bella a the Law Offices of Garret A. Lungin in Sherman Oaks today for a free consultation. Lets review your case and help ensure that your percentage of fault is fair and your recovery is maximized. Call now or use our online form to schedule your confidential consultation.
