Most California personal injury cases are tried under a negligence standard. This means that, in order to prove that someone else should be held responsible for your injuries, you must show that the other person acted with less care than a reasonable person would use, and that, if the other person had not acted carelessly, you would not have been hurt.
But what if part of your injury was your own fault? In these cases, California applies a rule known as comparative fault. In a comparative fault case, you are entitled to recover the amount of monetary damage your injury has caused, minus a percentage that represents how much of the injury was your fault. For instance, if a court finds that the other driver in a car accident was 90 percent responsible for the accident and you were 10 percent responsible, you will be allowed to recover only up to 90 percent of your damages from the other person.
Comparative fault is used in most California injury cases, including vehicle accidents, slip and fall cases, and product liability actions. Comparative fault is generally considered more fair than contributory negligence, which allows courts to prevent injured people from recovering anything if they were even the tiniest bit responsible.
An experienced San Diego personal injury lawyer is your best possible choice against comparative fault claims. Attorney Steven A. Elia has years of experience handling personal injury cases, including comparative fault. He will fight to ensure your side is heard and that negligent parties are held responsible for their actions. Call the Elia Law Firm today at 619-224-4444 for a free consultation.
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