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Know how to address comparative negligence in your case

| May 4, 2021 | Motor Vehicle Accidents

A car accident can change the course of your life for a long time to come. You might have to find a way to contend with long-term injuries and significant financial losses, all at a time when your pain and suffering might be unbearable. The future can look bleak under these circumstances, but you shouldn’t despair. Instead, you should consider the best way to build a personal injury claim in hopes of recovering the compensation you deserve. While this means focusing on imposing liability on another driver, it also means defending yourself. Here’s what we mean by that.

California’s comparative negligence law

California recognizes comparative negligence, which could dramatically affect your claim. Under this theory of law, a plaintiff can pursue a personal injury claim, but his or her recovery will be reduced by the percentage of fault allocated to him or her. The good news is that you can still recover compensation even if you’re more than 50% at fault, but the reduction can be significant. If you’re awarded $100,000 but are found to be 60% at fault, then you only walk away with $40,000 plus any other expenses. This can leave you without the financial resources you need to truly cover your losses.

Be prepared to defend yourself

Successfully addressing comparative negligence requires anticipation and preparation. By analyzing the facts of your case, you can probably get a pretty clear sense of the arguments that the defense might make against you. They might claim that you were distracted, speeding, or following too closely. Once you identify what their arguments are going to be, you can focus on countering them. This might include utilizing expert witnesses who can testify as to the exact cause of the accident.

Don’t leave you claim to chance

There’s a lot at stake in your personal injury case. As a result, you shouldn’t risk your future with a half-baked legal strategy. That’s why you should consider working with a skilled legal team who has a strong track record of success. If you’d like to learn more about what our firm has to offer, then please continue to browse our website.