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If you’re trying to understand ‘comparative negligence California’, you’ve come to the right place.
As California law experts, we can help you understand comparative negligence in the context of personal injury lawsuits.
This law in California and many other states is very important and helps determine the compensation for personal injury victims.
In states with comparative negligence, like California, both parties may receive damages based on the extent of their fault in the accident.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine used in tort law (civil law) to determine damages when two parties are involved in an accident.
Suppose a person has been hurt in an accident caused by another person. They file a personal injury claim against the other person and ask they be paid for damages.
However, the defendant may raise objections and assert that the victim was also at fault. If it’s proven that the injury victim was, in fact, at fault, the comparative negligence doctrine comes into play.
According to comparative negligence, sometimes also called comparative fault, the victim who is also partially at fault may receive part of the damages but not all.
The percentage of damages they can receive depends on the extent of their fault as determined by the court.
Using the example above, if it’s determined that the victim was also at fault, about 40 percent, they may only be entitled to 60 percent of the damages.
Let’s say they filed for $100,000. Based on comparative negligence, they’ll only be entitled to get $60,000.
The doctrine of comparative negligence applies in cases involving auto accidents and personal injuries in most states in the US, including California.
However, the exact rules may differ by state, so it’s important to know which type of comparative negligence doctrine applies in your state.
Type of Comparative Negligence
There are essentially two types of rules followed in the states that use comparative negligence.
Pure Comparative Negligence
In pure comparative negligence rules, the extent of the plaintiff’s fault is not limited.
For instance, if their fault is 90 percent, they may still be entitled to receive one percent of the damages.
In other words, you may receive personal injury compensation according to the percentage of your fault if you’re at fault as well.
Modified Comparative Negligence
In modified comparative negligence rules, plaintiffs may not recover damages if found to be at fault over a certain percentage.
The threshold is typically 50 percent, with some states setting it at 51 percent. So, if you’re found to be 55 percent at fault, you won’t be able to receive monetary damages.
However, if you’re under 50 percent fault, you could receive compensation up to your fault percentage.
Most states in the US use modified comparative negligence in personal injury lawsuits. In such states, the plaintiffs must establish that their fault is less than the threshold if they want to get paid for damages, at least some part of it.
Comparative Negligence California
California is a comparative negligence state using the pure comparative negligence rules. This means that there’s no cap on the fault percentage.
Even if you’re found to be at more than 50 percent fault, you’d still be able to claim damages for your injury. However, the court will reduce the award by the percentage of your fault.
For instance, if you claim $100,000 in damages and the court determines that you’re at 60 percent fault, you could get the compensation minus the percentage of fault.
$100,000 – (60% of $100,000) = $40,000
In short, the more you are at fault, the less compensation you receive for your injuries. This is why your lawyer needs to prove that the other party has the major fault so you can receive the maximum compensation.
Comparative Negligence vs. Contributory Negligence
California’s rules on personal injury compensation are rather relaxed when you compare them with states that follow the contributory negligence concept.
According to the contributory negligence doctrine, if the plaintiff is found even one percent at fault, they’re ineligible to receive any damages.
In such states, if you, the victim of a personal injury, are found to be even partly at fault, you’ll automatically lose your right to receive compensation for your injuries.
It’s a harsh rule that most states in the US have dropped, with the exception of four (Alabama, Maryland, North Carolina, and Virginia) and Washington, D.C.
What Kind of Personal Injury Claims Does Comparative Negligence Apply to in California?
A defendant may use a comparative negligence defense in any personal injury claim.
Regardless of the type of personal injuries you’ve sustained and the nature of the accident, the defendant can claim that you’re also at fault to reduce the damages they may have to pay.
Comparative negligence doctrine applies to all personal injury accidents, including auto, motorcycle, bicycle, and pedestrian accidents, slips, falls, wrongful death, and dog/pet harm.
How Is Fault Determined?
The plaintiff must first demonstrate that their injuries were a direct result of the defendant’s negligence.
Here’s how you prove that:
- The defendant had a duty not to let the harm occur
- They breached this duty
- As a result of their breach of duty (negligence), you were harmed
- You suffered monetary, physical, and/or mental damages as a result of the injury(ies)
To benefit from comparative negligence, a defendant in a California personal injury lawsuit would have to prove that the plaintiff had a duty to avoid getting harmed or failed to take the necessary steps to prevent harm, given the circumstances.
They basically have to prove that the injuries sustained by the plaintiff were partly due to their own negligence.
For example, you may be at a theme park and get seriously hurt on a ride that malfunctions midway. The defendant, in this case, the theme park owner, may claim that you weren’t wearing a seat belt at the time and are partially responsible for the injuries due to the ride malfunction. Of course, they’ll have to prove their claim.
The actual percentage of fault is determined by the court based on the evidence presented by each party. Even if you’re at fault, it’s your lawyer’s job to prove that your fault was minimal so you can get most of what you claim in damages.
How Much Can You Claim for Personal Injuries?
A personal injury damages claim typically amounts to economic and non-economic damages.
Economic damages may include costs for medical care, therapy, property damage, loss of wages, and loss of potential income.
Understandably, these costs are easier to calculate and prove. For instance, you can demonstrate medical costs with hospital bills. You can show lost wages by showing previous pay stubs and demonstrating the days missed at work due to the injuries.
Non-economic losses are subjective, so they’re hard to calculate. These are damages for psychological or emotional stress, trauma, physical pain, and permanent disability or disfigurement.
An expert personal injury lawyer can help you determine the right amount to claim for non-economic damages.
Generally speaking, if you’ve sustained minor injuries, you may not be able to claim a big amount. However, if your injuries are life-altering, you can ask for a large sum as compensation for them and their impact on your life.
In California, no rules limit the amount you can ask for as compensation for your personal injury.
That said, it’s important to back your claims with evidence so that the asked amount is justified.
Even if you’re found partially at fault, you can still be compensated for some of the damages you suffered.
Best Personal Injury Lawyers in California
If you’ve been a victim of personal injury caused by another party’s negligence, you may be able to receive compensation.
At Amicus Legal Group, you can benefit from the expertise of some of the best personal injury lawyers.
We can guide you through the entire process and help you walk away with the maximum amount in monetary damages for your injuries, even if you’re partially at fault.
Thanks to California’s pure comparative negligence laws, we can recover some of the claimed damages even if you’re the primary at-fault party.
FAQs
What are the standards of negligence in California?
In California, the standard of negligence is determined by whether a person failed to exercise reasonable care in their actions or omissions, resulting in harm to another individual or property.
What are the tests of negligence?
The tests of negligence involve examining whether the defendant owed a duty of care to the plaintiff, whether they breached that duty through their actions or inaction, whether the breach was the proximate cause of the plaintiff’s harm, and whether the plaintiff suffered damages.
How do you prove comparative negligence?
In California, comparative negligence involves demonstrating that the plaintiff and the defendant contributed to the accident or injury. The defendant bears the burden of proving comparative negligence.
This is typically done by presenting evidence such as witness testimony, expert opinions, and incident documentation to establish each party’s respective degrees of fault.
