What is comparative negligence and how does it affect my case?

Comparative negligence is a legal concept used in personal injury law in California. It is a way for a court to determine who was at fault for an incident that led to an injury and the degree to which each party was responsible. This can greatly affect the outcome of a personal injury case by determining how much compensation an injured party may receive. Comparative negligence is based on the concept that multiple parties can share the blame for an accident. A judge or jury will usually assign a percentage of fault to each party, which will determine how much, if any, compensation an injured party can receive. California follows a “pure comparative negligence” rule, which means that even if a person is mostly responsible for the accident, their percentage of blame is taken into account when determining damages. For example, if an injured party is found to be 40% responsible for an accident, they can only receive compensation for the remaining 60% of the blame. The amount of compensation awarded may also be reduced based on the percentage of fault assigned to the injured party. Conversely, an injured party can only recover full damages if they are found to be 0% responsible for the accident. Overall, comparative negligence is an important concept to understand in personal injury law in California. It can determine the amount of compensation an injured party receives depending on the degree to which they are found to be responsible for the accident. It is important to consult with a lawyer when dealing with any personal injury case to make sure your rights are fully protected.

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What is comparative negligence and how does it affect my case?

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