Get help finding the Right Comparative Negligence Lawyer for your case
If you are being sued for a negligent act that resulted in a plaintiff's injury, a personal injury defense lawyer can use comparative negligence to help defend you.
Comparative negligence is a legal defense recognized in a majority of jurisdictions, including California. It is used in civil litigation cases when a plaintiff's own negligence contributes to their injury. Comparative negligence allows a jury to weigh the plaintiff's negligence with the defendants and reduce the defendants damages based on how negligent the plaintiffs own actions are.
Comparative negligence can apply as a defense to damages in a negligence lawsuit. Typically, a plaintiff is suing a defendant for damages they suffered because of something negligent the defendant has done. Comparative negligence can be raised as a defense to a plaintiff's negligence suit, if the defendant can show the plaintiff is also at fault for their injuries.
In California the court will take specific direction once the percentage of fault has been assigned to each party. The courts will take the assigned percentage of fault and deduct the percentage from the amount of damages awarded. For example, if a plaintiff is awarded $100,000 and its determined they are 20% at fault for their own injury, the court would reduce the plaintiff's award to $80,000.
California is a "pure" comparative negligence state, where the plaintiff is awarded damages regardless of their fault percentage. This means if a plaintiff is found to be 80% at fault, they will still receive the remaining 20% of their settlement award.
Some states have modified comparative so that a plaintiff cannot recover damages if they are found to be more than 50% at fault for their injury.
If you are a defendant in a negligence law suit you stand to lose a substantial amount of money and future earnings. An experienced Lawsuit Defense Lawyer can argue the merits of comparative negligence to help reduce your damages. A defense lawyer can review a plaintiff's claim and investigate whether the plaintiff was also negligent in causing their injuries, which could save you from having to pay out a larger settlement than necessary. If you have any questions about the information provided above, please contact Attorney Search Network.
Attorney Search Network can refer you to a Local and Pre-Screened Lawsuit Defense Lawyer with Comparative Negligence Experience.
If you have any question about what type of lawyer you need please contact us for a free Lawyer Referral to a California Attorney.
If you have any questions about the information provided above, please contact Attorney Search Network.
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