How California’s Comparative Negligence Rule Impacts Your Personal Injury Case

Were you involved in an accident that wasn’t your fault, but you think the insurance company will try to blame you? Are you in the process of filing a personal injury claim, but are concerned about the comparative negligence rule in California? Each attorney at our Santa Ana personal injury law firm understands your concern and is here to help.

You might assume that when an accident occurs, one person is always to blame and the other is owed full compensation. Unfortunately, personal injury cases are rarely that simple, at least not in California. When more than one person contributes to an accident, all responsible parties (including possibly you) can share the blame.

But Wait, What Does This Mean for Your Claim?

It means that California’s comparative negligence rule will be used to reduce your recovery by your percentage of fault. Even if you were mostly to blame for an accident, our Santa Ana personal injury attorneys can still help you recover compensation.

The comparative negligence rule may sound complicated, but we can explain it simply. In California, there is a “pure” comparative negligence system, which means that your recovery will be reduced by your percentage of fault for an accident. However, you can still recover compensation from an accident even if you were partially or mostly to blame.

It’s the best of both worlds for victims of negligence in California.

The Insurer’s Side: What Comparative Negligence Means to an Insurance Company

Insurance companies love the comparative negligence rule. It gives them a free pass to blame the victim and limit the value of claims.

As your insurer argues for their definition of shared fault, you might hear things like:

• “You weren’t looking where you were going.” 
• “You were going too fast.” 
• “That shouldn’t have happened if you were being careful.”

Their goal is simple: assign even a small percentage of fault to you and reduce your claim’s value. For every 10% of fault that the insurance company assigns to you, the value of your settlement decreases by 10%.

However, insurance companies can never take advantage of comparative negligence if you have an experienced Santa Ana personal injury attorney on your side. A knowledgeable lawyer will know how to gather and preserve evidence to dispute any allegations of shared fault, as well as effectively negotiate with the insurer.  

A Careful Analysis Must Be Done to Determine Fault

Determining fault is not a quick and easy task. Insurers, lawyers, and, if the case goes to trial, juries will need to take into account the following:

• Police reports and statements provided by eyewitnesses 
• Videos from area security cameras or vehicle dashcams 
• Accident reconstruction (typically done by experts in the field) 
• Pictures and physical evidence from the accident scene 
• Medical proof that connects the injuries incurred to the accident at hand 

A clear presentation of the facts leaves little room for insurers to overstate your role in an accident.

Negotiating a Settlement with Comparative Negligence in Mind

Insurance companies factor in their interpretation of fault when calculating settlement offers. If they can get you to believe that you were half at fault, they will immediately reduce their offer by half, even before a case goes to court.

For this reason, it is critical that you do not:

• Apologize at the accident scene 
• Make recorded statements to an insurance adjuster 
• Accept the first settlement offer without consulting a lawyer

An experienced Santa Ana personal injury attorney will do the necessary investigation, gather supporting evidence, and negotiate aggressively so that the insurer does not abuse the comparative negligence rule against you.

The Importance of Legal Representation 

If the insurance company rejects your claim, you will need to take legal action. However, you do not have to handle a personal injury lawsuit alone. An experienced Santa Ana personal injury attorney can help you navigate the legal process and recover the compensation you deserve.

One of the most significant advantages of having a lawyer on your side is the assurance that a qualified professional is working for you. When a personal injury attorney handles a case, they are better equipped to protect the client’s story and future. At our firm, we do the following to ensure this:

• Thoroughly investigate every detail of an accident to determine the actual cause of an injury
• Work with experts to clarify technical evidence 
• Negotiate with insurers who are only trying to devalue your claim
• Present your case to a jury in a clear and compelling manner, if necessary

We work hard to ensure the comparative negligence rule is fairly applied. We will never allow it to be used as a weapon against you.

So, How Much Does the Percentage Really Matter? 

Every percentage point in a comparative negligence analysis is critical. For instance, a $100,000 settlement could be reduced to just $60,000 if the insurer convinces you that you are 40% to blame. That’s money that could have gone to your recovery, medical bills, and future. An experienced Santa Ana personal injury lawyer will ensure that your story is told accurately and that your financial future is not left in the hands of an adjuster who is only trying to save their company money.

Don’t Go it Alone. Let a Santa Ana Personal Injury Attorney Help 

If you have been injured in a car accident, slip and fall, workplace accident, or any other accident caused by another person’s negligence, shared fault should not stop you from filing a personal injury claim. 
You only have one opportunity to get it right, so we’ll make sure you are treated fairly at every stage of the process. Contact us today for a free consultation, and let us help you protect your rights, challenge unfair assertions of shared fault, and recover what you are owed under California law.