When people are injured and it's the result of the negligence of another person or people, it often gives rise to the filing of a California personal injury lawsuit so that the injured person can attempt to recover damages that will compensate for medical costs, pain and suffering and other losses. However, not all of these situations involve scenarios where one person is completely at fault and the other is completely free of fault.
When these situations arise, any legal action that's taken will fall under the analysis of California's comparative negligence standard. Below is a brief introduction to this legal doctrine, and anyone who is in this position should seek the immediate help of experienced San Diego personal injury lawyers.
Comparative negligence is basically a legal standard within the realm of personal injury law that deals with situations where both parties to a legal action were partially at fault. Public policy basically holds that someone who was partially at fault should still be able to recover damages when that person did not cause the result, and over time different standards have been adopted by different jurisdictions.
Despite the differences in the details between the jurisdictions when it comes to comparative negligence, there are still commonalities that exist. Most prominently is how a court will deal with the question of fault and how it should be shared. When a case has been presented, the court will deliberate regarding what percentage of fault should be assigned to each party, and any recovery that's due will be computed based on that result.
In California, the court will take a specific direction after the percentage of fault has been assigned to each party. The court will assign that percentage of fault and then it will deduct the equivalent percentage from the amount of damages that the plaintiff has sought and established. If a plaintiff seeks $100,000 in damages and that plaintiff was 20 percent at fault, he or she will recover $80,000 in damages.
California follows what's known as a ‘pure' comparative negligence standard. That means that the plaintiff will still recover damages after his or her percentage of fault has been deducted, even if the plaintiff was 99 percent at fault. Other jurisdictions require the plaintiff to be no more than 50 percent at fault in order to recover any damages.
When these cases are brought before a court, the power of persuasion becomes even more paramount than usual. Therefore, anyone who has been harmed by someone else but who may share some of the fault for the result should still seek the help of experienced San Diego personal injury lawyers who have handled these cases successfully many times. Contact the Golden State Law Group today to schedule a free initial consultation.