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Recent blog posts written by Kistler Law Firm help inform and
answer questions about personal injury law.

Comparative Negligence and Its Impact on Personal Injury Cases in California

Injury, compensation and man hands with insurance documents, legal contract and paperwork. Disability, accident and people in lawyer or attorney meeting for advice, agreement or policy report closeup.

No matter what kind of personal injury claim you may be dealing with – a car, truck or motorcycle accident, slip and fall, dog bite, etc. – the concept of comparative negligence could come into play. Understanding the concept of comparative negligence is crucial, as it can drastically impact the amount of money you are able to recover when injured by another party’s negligence. Read on to learn what comparative negligence is and how it could impact your personal injury case. For help with a personal injury claim in the Antelope Valley, contact Kistler Law Firm to speak with a skilled and experienced Lancaster personal injury attorney.

What Is Comparative Negligence?

Comparative negligence, a key aspect of California’s personal injury law, refers to a method of assigning fault in situations where multiple parties may be responsible for an accident. Unlike some states that follow the ‘contributory negligence’ rule, where a plaintiff could be barred from recovery if they are even slightly at fault, California adopts a more equitable approach. This system allows for the distribution of fault among all involved parties, including the injured plaintiff.

How Does Comparative Negligence Work?

In California, when a personal injury claim is brought to court, the jury assesses the degree of fault of each party involved in the accident. For example, if you are found to be 30% responsible for the accident and the other party is 70% at fault, your compensation will be reduced accordingly. This means that if you were initially entitled to $100,000 in damages, you would receive $70,000 after the 30% reduction due to your partial fault.

Impact of Comparative Negligence on Personal Injury Claims

The application of comparative negligence in California personal injury cases plays a significant role in determining the amount of compensation you can recover. It encourages fairer and more balanced outcomes, as it accounts for the complexities of accidents where multiple factors may contribute to the incident. However, to protect your rights to the maximum compensation you should be entitled to, it’s critical to understand the facts of your case and not let yourself get railroaded into accepting a lesser offer based on the insurance company’s bald assertions of comparative fault.

When preparing your case, it’s essential to anticipate the comparative negligence argument that might be used by the defense. A skilled attorney will meticulously evaluate all aspects of the incident, gathering evidence that robustly supports your claim and minimizes your degree of fault.

Understanding comparative negligence is also vital during settlement negotiations. Insurance companies often leverage this rule to reduce the amount they have to pay. An experienced personal injury lawyer will negotiate effectively, ensuring that your level of fault is accurately represented and that you receive a fair settlement.

Choosing the Right Legal Representation

Navigating the complexities of comparative negligence requires the expertise of a knowledgeable personal injury attorney. At Kistler Law Firm, serving Lancaster and the Antelope Valley, we concentrate exclusively on handling personal injury cases amid California’s legal landscape. Our commitment is to provide our clients with the guidance and representation needed to achieve the best possible outcome in their personal injury claims.

Contact Kistler Law Firm Today for Help With Your Lancaster Personal Injury Claim

If you or a loved one has been hurt by another’s negligence in Lancaster or throughout the Antelope Valley, even if you think you might be partly to blame or the insurance claim says you are, call Kistler Law Firm at 661-206-6990 for a free case evaluation. We’ll take a look at the facts and give you an honest opinion about what we think your claim is worth.

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