Pines Salomon Personal Injury Lawyers | March 19, 2025 | Personal Injury
When accidents happen, determining who is responsible for damages is a crucial part of any legal claim. California uses a pure comparative fault rule, which helps assess liability in personal injury cases. This means that even if you share some responsibility for an accident, you may still be able to recover compensation for your injuries.
Understanding Comparative Fault in California
Comparative fault is a legal rule. It gives each party in an accident a share of responsibility. California distributes liability based on each party’s contribution to the accident. If you share some responsibility, your compensation will be reduced based on your degree of fault.
How Comparative Fault Affects Personal Injury Claims
In a personal injury case, the plaintiff can still get economic and non-economic damages even if they share some blame for the accident. For example:
- If a court awarded you $100,000 in damages but found that you were 25% at fault, you would only receive $75,000 after the deduction.
- If you were 80% at fault, you could still recover $20,000 even though you bore most of the fault.
This system is different from states with a modified comparative fault rule. In those states, plaintiffs cannot recover damages if they are more than 49% or 50% at fault.
Comparative Fault in Different Types of Accidents
The comparative fault principle applies to various types of personal injury cases, including:
- Car Accidents: If both drivers contributed to a crash, a court will assess their respective fault percentages.
- Slip and Fall Cases: Property owners may argue that a plaintiff’s own negligence contributed to their injuries.
- Medical Malpractice: A court may deem a patient at fault for not following post-treatment instructions.
Even pedestrians and cyclists can share responsibility for an accident if they ignore traffic laws.
Proving Fault in a California Personal Injury Case
To get compensation, a plaintiff must show that the defendant was negligent. Then, they must prove that this negligence caused the injury. Evidence that can help establish fault includes:
- Police reports and accident records
- Witness statements
- Surveillance footage or photos of the accident scene
- Medical records detailing injuries
- Expert testimony, if applicable
Insurance companies and defense attorneys often try to shift as much blame as possible onto the injured party to reduce liability. This makes it essential to have a strong legal strategy when pursuing a claim.
Statute of Limitations for Filing a Personal Injury Claim
Under California law, the statute of limitations for most personal injury claims is two years from the date of the accident. If you fail to file within this timeframe, you may lose your right to recover compensation. However, exceptions may apply in cases involving minors, government entities, or delayed injury discovery.
Why Legal Representation Matters
Because California follows a pure comparative fault system, insurance companies may try to assign a high percentage of blame to reduce payouts. An experienced personal injury attorney can help:
- Gather evidence to minimize your level of fault
- Negotiate with insurance companies to maximize compensation
- Represent you in court if necessary
If an accident has injured you in California, understanding comparative fault laws is crucial for determining your potential compensation. Even if you were partly at fault, you might still be able to receive damages. Consulting with a personal injury lawyer can help you navigate the complexities of your case and ensure that you get the compensation you deserve.
Contact the Personal Injury Lawyers of Pines Salomon Injury Lawyers in San Diego, CA, for Help Today
For more information, contact an experienced personal injury lawyer at Pines Salomon Personal Injury Lawyers to schedule a free initial consultation today.
We proudly serve San Diego County and its surrounding areas:
Pines Salomon Injury Lawyers – San Diego Office
835 5th Avenue #302, San Diego, CA 92101
(858) 551-2090
Available 24/7
Pines Salomon Injury Lawyers – La Jolla Office
4660 La Jolla Village Dr. San Diego, CA 92122
(858) 585-9031
Available 24/7
