Shared Fault in Personal Injury CasesUpdated on Thursday 09th February 2017
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Personal injury cases in California are based on determining who is legally at fault for an accident that has resulted in the injury of another individual or in significant damages to property or assets. A Los Angeles personal injury attorney will begin by gathering evidence about the accident and how the parties were involved in it. When cases cannot be simply solved by pointing out one party that can bare the entire fault, the case is judged as a shared fault personal injury case.
If you are considering a personal injury claim in Los Angeles, it is important to be as sure as possible that you cannot be blamed for the accident. Otherwise, the case will not be considered a 100% claim in your favor and you could lose a substantial amount of the compensations. While, in some cases, the fault can be easily attributed to one of the parties, like in most motorcycle accidents, dog bite injuries and even pedestrian accidents, in other cases it may be harder to determine the degree of responsibility.
The parties at fault
The fault is attributed in personal injury cases to the party that has caused the harm through an act of negligence. However, sometimes the fault cannot be attributed to just one party and the person injured can also be accused of being negligent. The manner in which fault is determined can be crucial to the outcome of the trial and the compensations obtained afterwards.
Our Los Angeles personal injury attorneys can help you immediately after an accident took place. We can help gather all the relevant evidence and make sure that your claim is solid and that the other party cannot make claims regarding your negligence.
Our lawyers invite you to watch an informative video about shared fault personal injury cases in Los Angeles:
Shared fault and its influence on the final settlement
According to law, shared fault injury cases in L.A. are judged according to a “pure comparative negligence rule”. This means that the amount of compensation an individual is entitled to is reduced according to the percentage of his or her fault in the accident. Under this system, both the plaintiff and the defendant can collect compensations from one another in the following way: after the judge determines how much fault each party holds, the other person will have to contribute with that amount of compensations. For example, if you were involved in a car accident in Los Angeles because another driver ran the red light, he is the one responsible but if you also made an illegal turn or you violated the traffic laws otherwise, then you are also to blame. The judge may determine that the driver who ran the red light is 80 percent at fault and the other driver 20 percent at fault for the car crash.
While in some cases, like car accident injuries in L.A., the other driver can make claims that you are also to blame for the accident, California has different rules for dog bite injuries, for example. In these cases, the owner of the animal is considered responsible for the accident irrespective of the fact that he or she was unaware that the dog was aggressive.
Our Los Angeles personal injury attorneys can help you win your personal injury case. If you are dealing with a shared fault case, contact us as soon as possible so that our lawyers can start working on your case and help you obtain the maximum amount of compensations possible.