Fault and Comparative Negligence in California
If, for instance, you’re injured in an auto accident, the at-fault driver and his or her insurance company will be responsible for compensating you for your injuries, losses, and property damage. Drivers owe others on the road, whether in vehicles or as pedestrians, a duty of care. If they breach that duty of care, then the legal principle of negligence leaves them open to claims and lawsuits.
However, and this is where the average claim filer may hit a roadblock, California also recognizes the legal principle known as pure comparative negligence. Under this principle, both (or all) parties in an accident can be assigned a percentage of the fault.
Say you’re rear-ended in your car, but your brake lights malfunctioned. You could be assigned 30 percent of the fault (or more or less). Thus, if your claim is for $100,000, you would be able to recover only $70,000 -- $100,000 minus 30 percent.
The point here is that when you press your claim against the at-fault party’s insurance coverage, the parent company will assign a claims adjuster to grill you. The adjuster’s role is to get you to admit some portion of the fault so they can low-ball or even deny your claim. That’s why, if you’re injured in an accident, you need to contact an experienced personal injury attorney immediately. Let your lawyer deal with the claims adjuster.
Damages Available
Say you do file a lawsuit; you can seek both economic and non-economic damages (compensation). Economic means medical and related expenses as well as lost income. Noneconomic refers to the pain and suffering you undergo, as well as the loss of enjoyment in life, and the loss of consortium (companionship).
Statute of Limitations for a Personal Injury Lawsuit
In California, you generally have two years from the date of your accident to file a personal injury lawsuit. But every situation is unique, and the law acknowledges this. That’s why there are certain exceptions in place.
Say you undergo an operation, but it’s not only months later that you begin suffering from the operation that was mishandled. That’s when the clock starts ticking in a medical malpractice lawsuit. If you break your neck in a slip and fall, the clock starts the moment of the slip and fall.
Filing a Wrongful Death Lawsuit
If you lose a loved one in an accident that caused catastrophic injuries, you may be eligible to file a wrongful death lawsuit. While a lawsuit cannot bring your loved one back, it can hold the at-fault party accountable, preventing future/similar instances of negligence from happening. A successful lawsuit can also help you and your surviving loved ones collect the compensation you need to move forward from the tragedy.
Surviving spouses and partners and children of the deceased can file a wrongful death lawsuit. If there is no surviving spouse, partner, or children, then other relatives may file a lawsuit based on California’s rules of intestate succession. In these cases, the statute of limitations is also two years (starting from the date of the death), and our attorneys can help you throughout every phase of the legal process.
Catastrophic Injury Attorneys Serving Southern California
If you or a loved one has suffered a catastrophic injury because of someone else’s negligence or intentional act anywhere in Orange County, California, reach out immediately to us at the Law Offices of Steven Zwick. We will handle your insurance claim and fight for the just compensation due you, and if necessary, launch a personal injury lawsuit. Your first consultation is free.
