August 17, 2022

PERSONAL INJURY LAW: COMPARATIVE NEGLIGENCE  

If you are in an accident in Los Angeles and suffer injuries beyond your personal injury coverage, your personal injury lawyer will help you file a lawsuit against the at-fault party. Punitive damages are available for victims who have been injured by the negligence or recklessness of the at-fault party. Additional compensation may be available to help with your expenses.

Many drivers in Los Angeles are fighting these claims. They won’t admit fault or accept responsibility for their negligence. If their medical bills and other expenses exceed what they have paid, they are more likely to sue an attorney for personal injury.

In this case, the defendant may even claim that you caused the accident. Your personal injury lawyer can disprove this claim. A court could decide that the evidence is not sufficient to support the claim and award blame to the other driver. The court might decide that both drivers were at fault for the accident.

CALIFORNIA’S SILENT COMPARATIVE NEGLIGENCE

California’s comparative negligence laws will apply if the court finds two drivers partially responsible for the accident. Even if your negligence level does not fall under the “pure comparative fault” category, you will still be entitled to compensation for your injuries. The amount of the damages you are awarded will be proportional to how much fault the claimant is charged with. You can still claim 60% of the damages if you are responsible for at least 40% of the accident. If your case is successful and you have $100,000, $60,000 will be awarded if you are responsible for 40%.

What is the flaw in a case of personal injury?

To determine the extent of fault, judges consider many factors. These factors can contribute to driver negligence:

  • Accelerating
  • Being reckless
  • Driving under the influence
  • Texting and driving
  • Running red lights
  • Failure to stop at stop signs
  • Not using turn signals

This article was written by Alla Tenina. Alla is a top San Fernando Valley personal injury lawyer, and the founder of Tenina law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.

 

 

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