If you have been navigating through a personal injury case, you may have heard the term “comparative negligence.” Understanding the term and how it impacts your claims can be essential, as it may inform what strategies you should utilize to receive fair compensation for any of your losses. In short, comparative negligence means that more than one party might hold responsibility after an accident that resulted in serious injuries.
Whether a victim might have worsened their injuries by going over the speed limit, multiple parties acted negligently against another individual, or any combination of these, comparative negligence impacts compensation. The percentage of fault the court delegates to you will objectively reduce the amount of recovery you are eligible to receive. For assistance receiving fair compensation and reducing the negligence you might carry, contact Kash Legal. We have a track record of bringing our clients fantastic legal results and can do the same for you.
How Comparative Negligence Can Impact Your Personal Injury Case
It is important to understand the challenges and obstacles that could arise when pursuing financial restitution through a personal injury claim. For example, you should be prepared for the defendant (usually the defense counsel for an insurance company) will try to argue comparative negligence in an effort to minimize the number of damages you can recover through a civil claim.
How Does Social Media Impact Comparative Negligence?
Everything you do and say publicly, particularly what your post on social media, could potentially be used against you by the insurance company in an effort to call into question the extent of your injuries or your motives for taking legal action. Even a relatively innocent Facebook or Instagram post of you for example enjoying dinner or spending time with friends could be used against you to claim that you were not “really injured” or your injuries “were not serious.” This is why you should refrain from posting anything on social media whilst your injury claim is being litigated.
What is Comparative Negligence?
Comparative negligence is a fancy legal term meant to describe the amount of fault assigned to each party in a personal injury claim. Basically, it means that you are still able to pursue financial restitution for your injuries and losses, even if you partly contributed to causing the accident. However, the drawback is that the number of recoverable damages will be reduced in proportion to the amount of assigned fault.
Let’s say Person A, for example, is traveling on West Jefferson Boulevard in Culver City when they approach a red light. Person A begins to make a right turn during the red light when they are suddenly hit by an oncoming vehicle. Person A is partly at fault since they should not have attempted a right turn at the red light. However, it is discovered that the motorist who hit Person A was intoxicated and speeding at the time of the collision.
Person A suffered multiple bodily injuries in the collision and decides to pursue financial restitution through a personal injury claim. Person A’s claim winds up going to trial and a jury determines that Person A was 25% at fault while the other motorist was 75% at fault. The jury decides to award $100,000 in damages to Person A but deducts 25% from that amount due to comparative negligence. While Person A might have suffered $100,000 in medical bills and damages, their partial responsibility means they can only receive $75,000 in compensation.
How Fault Is Determined After an Accident?
In many instances, particularly with car accidents, the police report will play a large role in assessing which motorist was responsible for causing the collision. Nevertheless, the police report will not be determinative. There are other pieces of evidence that can be used to establish fault, including eyewitness testimony, video footage (e.g., footage from a red light camera or adjacent business), and expert testimony.
When pursuing financial restitution through a personal injury claim in California, your California personal injury attorney will conduct an in-depth review of the police report and all pertinent evidence that will help strengthen your case.
How Can a Personal Injury Lawyer Help With Your Claims?
Whenever anyone is involved in legal matters, we urge them to work with a qualified attorney. Retaining a lawyer can make navigating the legal system far easier, allow you to receive more positive results, and significantly reduce stress. When you retain an attorney from Kash Legal, we can aid you in the following ways:
- Utilize negotiation skills
- Minimize your negligence within the case
- Lend valuable legal knowledge and information
- Speak on your behalf
- Communicate with insurance companies, other parties, and legal representatives
- Provide medical referrals
- Refer you to additional legal specialists and reconstructors
- Manage and file paperwork
- Organize your legal schedule
- Join or lead investigations related to your case
- Collect and analyze evidence
We can also aid in several other tasks, which can reduce stress and make it easier for you to focus on recovery. Please refrain from representing yourself during legal matters, as this can easily result in less-than-ideal results. Instead, please contact us as soon as possible so we can begin working on your case immediately. This will allow you to put your best foot forward and improve your odds of success even further.
Kash Legal’s Personal Injury Lawyer Can Help You Receive Fair Compensation
You owe it to yourself and your loved ones to explore your legal options and determine if it makes sense to pursue financial restitution for your bodily injuries and losses. At Kash Legal, we are a team of highly experienced and reputable personal injury attorneys in California who are focused on providing effective and solution-oriented legal representation to injured victims throughout the Sunshine State.
Please contact us as soon as possible and schedule a free consultation with our qualified and understanding attorney. During your consultation, we can answer any questions you have about your legal matters. We can also make recommendations for next steps, provide valuable information, and begin analyzing evidence. You can reach us when you call (888) 527-4128 or complete the contact form on our website.
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