What is a contributory negligence defense and how does it impact my case?

Contributory negligence is a legal defense raised by the other side in a personal injury case in California. This defense essentially states that because you, as the injured party, contributed to the accident that caused your injuries, you cannot recover damages from the other party or parties at fault. In California, contributory negligence means that even if the other party is at fault for causing the accident, they can argue that you partially contributed to it. If the court decides that you are partially at fault, then you may not receive any compensation from the other party. This is because there is a “comparative fault” rule in California that places fault on both parties and limits the amount any party can receive for damages. The impact of a contributory negligence defense depends on the extent of your fault. For example, if you were found to be 20% at fault for the accident, then you can still recover 80% of the damages you are owed from the other party. However, if your fault was deemed to be 50% or more, then you will not be able to recover any damages from the other party. The impact of this defense can be significant, so it’s important to be aware of it if you choose to pursue a personal injury claim. You should also make sure to hire an experienced attorney to help you navigate the legal process and ensure that your rights are protected.

Related FAQs

What happens if I'm injured while participating in a recreational activity?
Will I need to go to trial for my personal injury case?
What should I do if I'm involved in a car accident with an uninsured driver?
What rights do I have if I am injured on someone else's property?
What is the best way to communicate with my personal injury attorney?
What steps can I take to speed up my personal injury case?
How can I tell if I have a valid personal injury claim?
What is vicarious liability and how can it apply to my case?
What should I do if I'm injured in an accident?
How much is my personal injury case worth?

What is a contributory negligence defense and how does it impact my case?

Related FAQs

Related Blog Posts