San Jose Personal Injury Lawyer Explains How Comparative Negligence Affects Your Case

Many accident victims wonder, "What is comparative negligence?" When accidents occur in California, determining who pays for damages depends on how fault is distributed. Below, Hann Law Firm explains comparative negligence with reference to California's legal approach, which allows recovery of damages even when a plaintiff bears partial responsibility for their injuries.

Understanding California's Comparative Negligence System

California operates under a "pure" comparative negligence standard, unlike some states that follow modified systems. This means an injured party can seek compensation even if they were 99% responsible for the accident. Their financial recovery will be reduced by their fault percentage.

The legal doctrine works as follows:

A jury or judge determines each party's percentage of fault.
The plaintiff's compensation is reduced by their assigned responsibility.
All parties' fault percentages must total 100%.
Economic damages can be recovered jointly from defendants.
Non-economic damages must be collected from each defendant based on their individual fault.

For example, if a plaintiff sustains $100,000 in damages but is found 30% at fault, they would recover $70,000 from the defendant(s).

How San Jose Accident Victims Navigate Negligence Apportionment

When an accident occurs in San Jose, determining plaintiff responsibility and defendant liability becomes crucial to the outcome of any legal claim. The process typically involves:

Investigation of how the accident occurred
Assessment of each party's actions before and during the incident
Determination of duty of care and whether it was breached
Evaluation of whether contributory fault exists
Calculation of economic and non-economic damages

What is comparative negligence? This system represents a significant improvement over California's previous contributory fault approach, which prevented recovery if a plaintiff bore any responsibility whatsoever. The landmark 1975 California Supreme Court case Li v. Yellow Cab Co. established the current comparative negligence standard.

What Incidents Are Viable for Comparative Negligence Claims?

The comparative negligence principle applies when multiple defendants share responsibility. In these scenarios, joint and several liability means plaintiffs can recover full economic damages from any defendant, while non-economic damages must be sought from each defendant according to their fault percentage.

Personal injury lawyers in San Jose, CA, note that this approach applies to various personal injury accident types, including:

Auto accidents
Slip and fall incidents
Product liability cases
Premises liability situations
Workplace injuries
Medical malpractice claims

Hann Law Firm: Helping San Jose Accident Victims Navigate Their Legal Rights

What is comparative negligence, and why must accident victims understand it? Determining fault percentage significantly impacts compensation amounts, making professional legal guidance essential.

Experienced attorneys help gather evidence, establish liability, and work toward fair compensation even when contributory fault exists. Those seeking assistance with a personal injury lawsuit can benefit from professional guidance regarding how comparative negligence might affect their case.

About Hann Law Firm

Hann Law Firm provides compassionate and effective personal injury representation to clients throughout San Jose, CA, and surrounding communities. Their experienced legal team handles various personal injury cases. The firm's personalized approach and dedication to client interests have established them as dedicated representatives for accident victims navigating the legal system.

Anyone wondering, "What is comparative negligence?" or seeking legal representation in San Jose, California, can contact Hann Law Firm at (408) 755-3498.