California Injury Lawyers: Connect with One Today
By Mary Ann Pekara
Perhaps you were hurt in a van accident, or you slipped and fell on a slippery surface, suffering a spinal injury. Whichever injury you may have suffered, know that you have options to secure the compensation you deserve.
Learn about your options from a personal injury attorney. We will put you in touch with a local California personal injury lawyer. A California personal injury lawyer can talk to you about the difficulties you are facing.
California Comparative and Contributory Negligence
Comparative negligence allows an injury victim to seek compensation for any part of his or her injury that wasn't their fault. For example, if you are involved in a car accident and you are partially at fault for that accident, you can still seek damages from the other parties who were also at fault for your injuries based on their percentage of fault.
Contributory negligence is a defense that can prevent victims from collecting any compensation for an accident for which they are in any way to blame. "Pure contributory negligence" does still exist in some states - meaning that if a victim is found in any way at fault for his or her personal injury, the victim cannot collect any compensation from other parties for the injury.
This defense has been modified in many states so that a victim who is less than 50% at fault for his or her accident can still seek compensation for injuries.
"Pure comparative negligence" is kind of the opposite of pure contributory negligence - it allows a victim of injury who may have been mostly responsible for the accident to collect damages from the parties that were less at fault for the injury. "Modified comparative negligence," however, allows a victim to recover only if their fault level is below a certain percentage.
Laws about comparative and contributory negligence vary widely state by state. It's important to know how these laws can affect your injury lawsuit.
California Negligence Laws
California is a pure comparative negligence state, allowing victims who suffered an injury from an accident to seek compensation, even if they themselves were at fault.
Certain additional statutes apply to pure comparative negligence in California - so the way it affects your case may vary.
Insurance companies may not want to help as much as they say.
When insurance officials contact you about your compensation claims, they usually act very friendly and pleasant. They may offer you choices to help "expedite the recovery process" or something like that, pretending they have only the best of intentions. Be very careful. The less money the insurance company has to pay to you, the more money the company gets to keep for itself.
Representatives often try to trick you into minimizing or denying your claim for the sake of the companies' profit margins. Hire a California personal injury lawyer to negotiate with the company on your behalf. Make insurance representatives talk to you through a California personal injury lawyer familiar with their tactics. Your future is too important to risk in the dangerous game of the insurance business.
You deserve a fair hearing.
If you've been injured as the result of another's negligence, or if some party in your case isn't taking responsibility for helping you recover, you can take action. The judicial process was created to protect your rights, and a California personal injury lawyer could guide you on your path to success. Fight for what you deserve by getting in touch with a personal injury attorney today.