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When you find yourself involved in a personal injury claim in the state of California, having a solid understanding of legal intricacies such as "comparative" negligence can have a significant impact on your legal proceedings. After all, a strong understanding of the claims process can boost your confidence and empower you as you navigate the terrain.   

In this post, we break down comparative negligence and what it could mean for your claim. 

What is Negligence? 

At its heart, negligence is defined as the failure of one party to act fairly or safely, which results in the injury of another party. To properly calculate compensation for a personal injury, it is essential to first identify who was culpable (responsible for the injury or damages) and to what extent that negligence played a role. 

Comparative Negligence 

California follows the rule of "pure comparative negligence." This means that even if you are somewhat to blame for your injuries, you can still seek compensation. However, the amount of compensation you receive will be lowered based on the level of fault you share in the incident. 

For example, if it was determined that you were responsible for 20% of the incident that caused you to sustain damages, your compensation would be reduced by 20% of the total amount owed. 

This system recognizes that accidents are not always black and white and that there isn't always a clear right or wrong answer when it comes to accidents. There may be more than one party to blame, and each of those parties should be held responsible for their respective portion of the burden. 

Why Does This Matter for Your Personal Injury Claim? 

If you are involved in an accident, the other party may attempt to place some of the responsibility for the collision on you so that they can lower the amount of money they are responsible for paying. You will be in a better position to argue against any baseless charges of your purported negligence if you have a solid understanding of the notion of comparative negligence. 

Navigating the Nuances with a Professional 

Although it is a good idea to empower oneself with knowledge, it can be difficult to understand the legal complexities of personal injury claims on your own. Even if there’s partial responsibility on your part, it’s still in your best interest to partner with an expert personal injury attorney who can help ensure that your rights are upheld and that you receive just compensation. 

At Harris Personal Injury Lawyers, our team has decades of combined experience in successfully defending victims in California. Our attorneys can assist you with almost every aspect of your case, offering direction, advocacy, and much-required support at each stage of the proceedings. For a free consultation with a California personal injury attorney, please give us a call at 1-800-GO-HARRIS right now, or go get in touch via our contact page.