What If I Get Injured in an Accident, But I’m Partly at Fault?
We all know how stressful getting injured in an accident is and dealing with the aftermath is even more challenging. While accidents happen due to various reasons, what happens when you realize that you bear some responsibility for the incident?
Comparative Fault System in California
California follows a “pure comparative fault” system, which means that even if you are partially responsible for an accident, you may still be entitled to recover damages for your injuries. Under this system, your compensation may be reduced based on the percentage of fault assigned to you.
Determining Fault and Compensation
When it comes to determining fault in an accident, California uses a comparative fault standard. This means that each party involved is assigned a percentage of fault based on their contribution to the accident. Even if you are found to be partially responsible for the accident, you can still pursue a personal injury claim against the other party.
Suppose you were involved in a car accident, and it is determined that you were 30% at fault for the collision, while the other driver was 70% at fault. If your damages are calculated to be $10,000, your compensation would be reduced by 30%, resulting in $7,000.
Insurance Claims and Settlements
When filing an insurance claim, it’s crucial to notify your insurance company about the accident promptly. They will initiate an investigation to determine fault and assess the extent of your injuries. If you are found to be partially at fault, the insurance company may attempt to minimize their liability by assigning a higher percentage of fault to you.
It is important to remember that insurance adjusters may try to settle the claim quickly and offer a lower settlement amount. To ensure that you receive fair compensation, consider consulting with a personal injury attorney who can help protect your rights and negotiate on your behalf.
Statute of Limitations
In California, there is a statute of limitations that sets a deadline for filing a personal injury claim. Typically, you have two years from the date of the accident to file a lawsuit. It is crucial to be aware of this timeframe and take timely legal action to protect your rights.
Seek Legal Representation
If you have been injured in an accident where you share some degree of fault, seeking legal representation is strongly advised. An experienced personal injury attorney can help navigate the complexities of California’s comparative fault system and fight for fair compensation on your behalf.
By working with a knowledgeable attorney, you can ensure that your rights are protected, your case is properly evaluated, and your claim is pursued vigorously. They can gather evidence, negotiate with insurance companies, and guide you through the legal process, ultimately aiming to achieve the best possible outcome for your situation.
If you find yourself injured in an accident in California where you are partly at fault, it’s important to remember that you may still be entitled to compensation for your injuries. California’s comparative fault system allows injured parties to seek damages even if they share responsibility for the accident. However, the percentage of fault assigned to you will impact the amount of compensation you may receive. To navigate this complex legal landscape and ensure your rights are protected, consult with a qualified personal injury attorney who can guide you through the process and advocate on your behalf.
For more information you may visit our website www.advolawyers.com. You may contact us at 800-808-4613 or email us at info@advolawyers.com
Disclaimer: This is a promotion by Hov Kachatoorian. Please note that this is for informational purposes only. It is not legal advice and should not be used as a substitute for advice from an attorney. Every situation is unique, and you should consult with a licensed attorney before making any decisions about your legal issues.