Suffering a serious injury in an accident can be a life-altering event, with significant financial repercussions and lasting impacts on your physical and emotional well-being. You might be entitled to compensation if your injuries resulted from another party’s negligence. But what happens if you were also partly to blame?
The good news is that in Los Angeles, California, you can still pursue a personal injury claim even if you were partially at fault. This is due to California’s pure comparative negligence rule, which allows injured individuals to recover damages even if they share some responsibility for the accident.
Understanding At-Fault and No-Fault States
Before delving into California’s specific rules, it’s helpful to understand the difference between at-fault and no-fault insurance states when it comes to vehicle accidents:
No-Fault States
In these states, drivers rely primarily on their own insurance policies for initial coverage after an accident, regardless of who was at fault. This usually involves filing a claim under your personal injury protection (PIP) coverage. While you might be able to sue for additional damages in certain situations, lawsuits are less common in no-fault states.
At-Fault States
California, along with the majority of states, follows an at-fault system. This means the driver deemed responsible for the accident (or their insurance company) is generally liable for the injured party’s damages.
California's Pure Comparative Negligence: Seeking Justice Even When You Share Fault
California’s pure comparative negligence rule ensures a fairer outcome for accident victims by recognizing that responsibility is often shared.
First, the court examines the evidence to determine each party’s percentage of fault for the accident. This might involve considering factors like traffic violations, witness testimonies, and expert opinions.
Your potential compensation is then reduced in direct proportion to your assigned percentage of fault. For instance, if you suffered $100,000 in damages but were found 40% at fault, you could still recover $60,000 (60% of the total).
Proving Negligence in Your Los Angeles Case
While California’s comparative negligence rule allows for partial recovery, you still need to prove that the other party was negligent to some degree.
This involves establishing the four key elements of negligence:
- Duty of Care: The other party owed you a legal duty to act with reasonable care to prevent harm.
- Breach of Duty: They violated this duty by acting carelessly or failing to act when a reasonable person would have.
- Causation: Their breach of duty was the direct and proximate cause of the accident and your resulting injuries.
- Damages: You suffered actual damages as a result of the accident, such as medical bills, lost income, or pain and suffering.
Your Cohen & Marzban lawyer will investigate the incident thoroughly and collect evidence that supports your claim. Such evidence might include medical records, police reports, and any relevant photos or videos of the scene.
Types of Damages You Can Claim in a California Personal Injury Case
Depending on the nature and severity of your injuries, you may be able to pursue compensation for both economic and non-economic damages.
Economic damages cover your verifiable financial losses, including:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Rehabilitation costs
- Property damage
Non-economic damages address the more subjective, non-monetary impacts of your injuries, such as:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent disability or disfigurement
The Statute of Limitations in California
You generally have two years from the date of the injury to file your lawsuit. However, if your claim involves a government entity (e.g., city, county, state), the deadline is significantly shorter. You typically have just six months from the date of the injury to file a claim.
Why You Need a Skilled Los Angeles Personal Injury Attorney on Your Side
Navigating the complexities of personal injury law, especially in the context of shared fault, can be overwhelming. Hiring an experienced Los Angeles personal injury attorney from Cohen & Marzban increases your chances of securing the maximum compensation you deserve.
Here’s how we can fight for you:
- Thorough Investigation: We will conduct a comprehensive investigation to gather evidence, interview witnesses, consult with experts, and build a strong case.
- Strategic Negotiation: We will handle all communication and negotiations with the insurance companies, protecting your rights and working to secure a fair settlement.
- Skilled Litigation: If a fair settlement cannot be reached, we will be prepared to take your case to court and advocate aggressively for your interests before a judge and jury.
- Local Base: Attorneys familiar with the Los Angeles courts, judges, and local laws can provide invaluable insights and strategic advantages throughout your case.
Reach out to us to begin your case and get started on the road to recovery. You can rely on our no-nonsense approach and dedication to transparent communication to help you feel confident and prepared at every step of the process.
Don't Let Fault Deter You from Seeking the Justice You Deserve
If you’ve been injured in an accident in Los Angeles, don’t assume that sharing some fault prevents you from seeking compensation. Contact Cohen & Marzban today for a free consultation. We can evaluate your case, explain your rights under California law, and guide you through every step of the process.
Remember, you don’t have to face this challenging time alone; legal advocates are ready to fight for your rights and help you pursue the justice and compensation you deserve.
