California Comparative Negligence
While it is typically assumed that someone who has been injured in an accident will be entitled to compensation, that is not always the case. California law compensating persons injured as a result of an incident revolves around the requirement of proving legal liability (fault). In other words, the injured party must be able to prove that the person or entity responsible for the injury-causing incident was negligent, or that the dangerous instrumentality was defective.
Could You Be Considered Liable for Your Injuries?
Sometimes multiple parties, or even the injured party, can cause or contribute to the occurrence of an injury-causing incident. That principle is commonly referred to as “comparative negligence” in the law. With multiple parties contributing to the occurrence, the law will often apportion fault between them by relying on a percentage-driven analysis.
At The Law Office of Rosenstock and Azran, we have been representing car accident injury victims in Encino, Van Nuys, North Hollywood, Reseda and the surrounding communities. We understand California’s comparative negligence lawyers, and we can help you secure a result that protects your interests.
How We Can Help: Investigating Your Accident
At The Law Office of Rosenstock and Azran, with our extensive experience valuating injury-producing incidents, we are willing and equipped to look deeply into the facts and circumstances surrounding injury-producing incidents and instrumentalities, in order to ascertain the nature and extent of any comparative negligence issues that may exist in a given case. For example, if a left-turning vehicle negligently cuts off an oncoming vehicle, the common approach to evaluating liability is to place blame on the left-turning motorist.
Many injured persons in that case go without legal representation and fail to obtain relief or justice for their injuries. We go further. In that case, we investigate possible contributing factors, such as whether the oncoming motorist was speeding, whether he or she made a lane change at the last moment after the left turn had already begun, whether there were any visual obscurement, whether the oncoming vehicle ran a red light or other factors played a part. If you are deemed partly responsible for the accident or your injuries, it could have an effect on how much compensation you receive. Nonetheless, it does not necessarily mean that you are precluded from receiving compensation for your injuries.
Will Comparative Negligence Destroy Your Case?
No. Particularly in cases where serious injuries have occurred, it will still be well worth our time and effort to fight for the compensation you deserve. The recovery process can be long and expensive for catastrophic injuries, making it crucial to get everything you can.
Were You a Passenger in an Accident?
Passengers are often considered to be “fault-free” in motor vehicle accidents. In other words, comparative negligence cannot be assessed against them, and they are legally entitled to receive 100 percent of the value of their injuries, pain, suffering and mental anguish. That legal status, however, can be achieved only if they preserve their legal rights against all possible responsible parties, including the driver of the car in which the passenger was injured.
On the surface, it may seem to make sense to go ahead and speak with the driver’s lawyer about what happened. But that would be a mistake. Anything you say could be used against you if you choose to pursue compensation for injuries you have suffered. If you are an injured passenger, we would encourage you to contact us and discuss your options with one of our knowledgeable attorneys.
Will Comparative Negligence Affect Your Case? Contact an Encino Accident Lawyer to Find Out.
To discuss your case with an experienced personal injury lawyer, contact us today for a free initial consultation. We work on a contingency basis; if we don’t recover compensation, you don’t pay an attorney’s fee. Call 818-986-2052 today.