Personal injury law in California can be complicated, especially when it comes to understanding how comparative negligence affects your case. This legal principle plays a critical role in determining how much compensation you may receive after an accident. At Hillstone Law, we help clients navigate these complex laws and fight to ensure they receive the compensation they deserve.

What Is Comparative Negligence in California?

Comparative negligence is the legal doctrine used in California to assign fault when more than one party is responsible for an accident. Unlike contributory negligence—where being even slightly at fault can prevent recovery—California uses a pure comparative negligence system.

This means that even if you are found to be 99% at fault, you can still recover damages for the 1% of fault that belongs to the other party. However, your compensation will be reduced according to your share of responsibility.

For example:

• If your damages total $100,000 and you are found 30% at fault, you would receive $70,000.

How Comparative Negligence Affects Personal Injury Claims

Because fault percentages directly impact your recovery, the strength of your evidence is vital. The more you can show that the other party was primarily responsible, the greater your potential compensation.

Key types of damages that may be affected include:

• Medical expenses
• Lost wages and loss of future earnings
• Pain and suffering
• Property damage

Proving Fault Under California’s Comparative Negligence Laws

To minimize your percentage of fault, you need solid evidence. Helpful forms of proof may include:

• Police and accident reports
• Eyewitness statements
• Photos and video footage from the accident scene
• Medical records documenting your injuries
• Expert testimony from accident reconstruction specialists

The stronger your evidence, the better your chances of maximizing compensation.

Common Misconceptions About Comparative Negligence

Many accident victims mistakenly believe they cannot recover compensation if they were partly at fault. In California, that’s simply not true. Some also think their percentage of fault won’t significantly reduce their settlement, but even a small percentage can impact the total amount.

Another misconception is that admitting partial fault at the scene automatically destroys your claim. Under California law, this is not the case—but what you say after an accident can be used against you, so it’s best to consult an attorney before speaking with insurers.

The Importance of Acting Quickly

Under California Code of Civil Procedure Section 335.1, you generally have two years from the date of the accident to file a personal injury lawsuit. If a government entity is involved, you may have only six months to file a claim. Missing these deadlines usually means forfeiting your right to compensation.

How Hillstone Law Can Help

At Hillstone Law, our experienced personal injury attorneys understand how comparative negligence can impact your case. We will:

• Investigate your accident thoroughly
• Collect and analyze key evidence
• Handle communications with insurance companies
• Fight to reduce your percentage of fault
• Pursue the maximum compensation you’re entitled to

Take the Next Step Toward Justice

Understanding California’s comparative negligence laws is crucial to protecting your rights after an accident. Don’t let confusion about fault percentages or insurance tactics reduce your settlement.

Contact Hillstone Law today for a free consultation. Our dedicated legal team will guide you through the process and fight to ensure you receive the compensation you deserve.