You May Be Able to File a Personal Injury Lawsuit Even if You Are Partially to Blame
If you have been injured due to another party acting in a negligent way then you have a right to file a personal injury lawsuit. Whether the at-fault party will be held accountable is another issue entirely. At Law Offices of Fernando D. Vargas we find that many people believe that if they are partially to blame for their accident, they do not have options. This is false.
Keep reading to learn how you can file a personal injury lawsuit even if you were partially at fault. Then contact Law Offices of Fernando D. Vargas at 909-982-0707 for your free legal consultation.
Negligence Plays an Important Role in Personal Injury Cases
It is essential to understand the role negligence plays in personal injury cases. If you are making a claim against someone else, then it is your responsibility to prove that they were negligent and that their negligent behavior directly caused your injury. This involves proving that they had a duty of care, that they breached that duty of care, and that your injury was a result of that breach.
Comparative Negligence and Its Role in California Personal Injury Cases
The above example showcases what you can expect if someone else’s negligence caused your injury but you may wonder: What happens if you are partially at fault? This is where comparative negligence comes into play. According to California law, your percentage of responsibility should reduce your overall payout.
For example, let us say that you were involved in a bus accident when a bus hit you at a stop light. It was determined that your personal injury damages were $100,000. Let us also say that you stopped abruptly without cause and were determined to have been 10% at fault. In that instance, your $100,000 would be reduced by 10% because you were deemed 10% at fault. Your final award would be $90,000.
Technically speaking, you can file a personal injury claim against someone even if they are only 1% at fault for the accident. However, the payout for such as mall percentage of fault is generally low enough that it would not be worth your time or money to file said case.
Request a Free Legal Consultation Today
If you have been injured due to someone else’s negligence then we welcome your call to Law Offices of Fernando D. Vargas at 909-982-0707. We are happy to go over your case, consider the facts, and give you our best legal advice. If we decide to take your case, then we will do so on a contingency basis. This means that you will not owe us a penny until we win your case. If we do not win your case then you will not owe us anything.