San Francisco Auto Accident Lawyers/Attorneys

California personal injury lawsuits are filed every day, and many of them are filed because of a car accident that has occurred.  Many of these crashes are not solely the fault of one driver, as a large number of them involve some portion of fault that needs to be assigned to both parties who were involved in the collision.  When these situations arise, the lawsuits are generally analyzed by the court with the help of California’s comparative negligence standard.  Anyone who has been harmed in this manner should seek the help of experienced San Francisco car accident lawyers, and below is a brief introduction to this standard.

What is Comparative Negligence?

Comparative negligence is basically a legal standard that’s used in one form or another in every jurisdiction in the United States.  These standards are used when a personal injury lawsuit is filed and when both parties to the lawsuit share at least some of the blame for the injuries that resulted from the incident.  These different standards allow courts to apportion responsibility and to award damages that are being sought based on those injuries in a manner that’s consistent with the percentage of responsibility that’s assigned to the plaintiff.

How Does Comparative Negligence Work in California?

California is a state that follows a comparative negligence standard that’s commonly known as the ‘pure’ comparative negligence standard.  Specifically, a pure comparative negligence standard means that a plaintiff can bring a California personal injury lawsuit against a defendant, and that when the cases have been presented, the court will apportion blame between the parties.

When that blame has been assigned, the plaintiff will recover the damages sought, but will have the amount commensurate with his or her fault deducted from the damages award.  In California, a plaintiff can recover that percentage of the damages sought even if that plaintiff was 99 percent at fault.

How are Damages Awarded in California Comparative Negligence Cases?

Basically, if Plaintiff and Defendant are involved in a San Francisco car accident and Plaintiff files a California personal injury lawsuit that seeks $100,000 in damages, the case will be presented like any other.  If the court finds that Plaintiff was 45 percent at fault for the accident that occurred, the court will award damages in the amount of $55,000 to Plaintiff to account for the 45 percent of the fault that has been assigned to that party.

As can be seen, this standard can be complicated to decipher, especially when a San Francisco car accident has just occurred.  Therefore, if you or someone you love has been harmed in this manner and you’re unsure of the percentage of fault, seek the help of San Francisco car accident lawyers who have been handling these cases successfully for many years.  Contact the Scarlett Law Group today to schedule a free initial consultation.