Compensations in Case of Comparative Fault

A presentation brought to you by our personal injury attorneys in Los Angeles

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The Comparative Fault Rule in California

California is one of the states that uses a pure comparative fault rule, also known as comparative negligence, to establish the degree of fault each party has for the accident.

The percentage of fault is directly related to the amount of compensations receivable for the injuries.

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The Degree of Negligence in California

The plaintiff’s and the defendant’s degree of negligence is important in order to establish how the monetary compensations will be distributed.

Under this system, it is still possible for the party at fault to receive some compensations after the accident.

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Pure Comparative Fault RuleIn California

According to the pure comparative fault rule in California, the plaintiff can still be awarded compensations, even if he is to the some degree at fault for the accident.

Under the pure comparative negligence system, the plaintiff is compensated according to the degree of fault attributable to each party.

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The Plaintiff’s Comparative Fault

In a personal injury case in California, the defendant can argue that the plaintiff was also at fault.

For this purpose, he must prove that the plaintiff was negligent and that the said negligent acts had a significant contribution to the final outcome of the accident.

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Compensations in Case of Comparative Negligence >>

If both the plaintiff and the defendant argue that the other party was negligent, then the compensations will be awarded according to the percentage of fault.

Each party must cover the percentage of damages the other is entitled to.

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>> Compensations in Case of Comparative Negligence

The pure comparative negligence rule can apply as follows: if the defendant is found to be 90 percent at fault for the accident, he must cover 90 percent of the damages receivable by the plaintiff.

The plaintiff who is found to be only 10 percent at fault must cover the remaining damages that are lawfully awarded to the defendant.

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Types of Compensationsin California

The types of compensations that can be awarded in a personal injury case in California include those for economic and non-economic damages.

Economic damages are easier to quantify, but you can also obtain non-economic damages with the help of a personal injury lawyer in Los Angeles.

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Accidents Where the Comparative Negligence Rule Applies

The comparative negligence rule is applicable throughout the State of California, however, its range of applicability is best suited for some personal injury cases.

Vehicle accidents, particularly car pileups, are such examples where the pure comparative negligence rule applies.

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Obtaining Compensations Through a Comparative System

As a plaintiff, you want to obtain the maximum amount of compensations after being involved in an accident.

A personal injury lawyer in Los Angeles can help you use the pure comparative negligence system applicable in California in order to recover damages.

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Thank you for your attention!

For more information please contact us at:

 (+44) 203-287 0408 (for international clients)office@lapersonalinjuryattorney.net

http://www.lapersonalinjuryattorney.net/