Can I Seek Damages If I Was Partially at Fault?

It is not uncommon for accident victims to be under the mistaken impression that they will not be able to seek damages if they were partially at fault. While that may be true in other states it is not true in the state of California. Courts in the state of California use a pure comparative negligence system when determining liability and awarding damages. This means that when an accident case goes to court either a judge or jury will need to listen to the case from both sides. There will then be a determination as to each party's level of liability and percentage of fault before they can award any kind of compensation for damages and injuries sustained. For example, if you sustained serious head and neck injuries in a car accident where you had been driving over the speed limit when another vehicle made an illegal turn in front of you. If the judge or jury determines that you were 30% responsible for causing the accident due to the fact of your speeding then you would be able to seek compensation for 70% of the costs associated with your accident-related damages and injuries.

Although being involved in an accident can be an extremely frightening and painful experience, it is important that you consult with a skilled personal injury attorney as soon as possible if you have sustained any kind of serious injuries. An attorney from our firm will be able to review your accident case, help gather additional evidence which may be needed to prove negligence on behalf of the other party, and help you pursue the maximum possible in compensation. Having a knowledgeable attorney on your side is essential in California personal injury cases, especially considering the fact that our state employs a pure comparative negligence system. Having a strong advocate intent on protecting your rights will only serve to improve your chances of being awarded damages for 100% of your accident-related expenses.

Contact our firm today to find out how a Long Beach personal injury lawyerfrom the Law Office of Leonard Matsuk can help.