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In personal injury cases, determining fault is a crucial part of securing compensation. California follows a pure comparative fault system, meaning that even if you are partially responsible for an accident, you may still recover damages. At the Law Office of Cierra Esq, APC, we provide legal assistance to individuals seeking fair compensation in personal injury cases throughout California.
Comparative fault, also known as comparative negligence, is a legal principle that reduces the compensation a plaintiff can receive based on their percentage of fault in an accident. Unlike states that bar recovery if the plaintiff is more than 50% responsible, California’s pure comparative fault rule allows injured parties to recover damages regardless of their level of fault.
Under California law, the court determines each party’s level of fault and adjusts the damages accordingly. For example:
Comparative fault is often a factor in cases involving:
Insurance companies and courts evaluate fault based on witness statements, video footage, accident reports, and expert testimony. Because insurance companies may attempt to place a higher percentage of fault on you to reduce their payout, having legal representation is critical.
If you’ve been injured in an accident, taking the following steps can help protect your claim:
Comparative fault plays a significant role in California personal injury cases, impacting the amount of compensation a victim can receive. Even if you share some responsibility for an accident, you may still recover damages. At the Law Office of Cierra Esq, APC, we assist individuals in navigating personal injury claims and ensuring fair treatment. If you’ve been injured, contact us for guidance on your legal options.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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