If you were injured by someone else's negligent or reckless actions in California, you have the right to pursue compensation—even if you were partially at fault for causing the accident. Since California has adopted a system of pure comparative negligence, you would be able to recover damages even if you were more than 50% responsible for causing your own injuries. The only catch is that your award would be diminished by the percentage that a judge or jury has contributed to your fault. For example, if you were to pursue a lawsuit against a driver that hit you while you were jaywalking, the jury might decide that they were 75% at fault and you were 25% at fault. This would mean that your recovery would be reduced by 25%.
The same would apply even if the jury found you to be more than 50% responsible. The defendant would simply pay you a portion of the original damages. While this can be extremely beneficial for the victim, or plaintiff, it is also important to note that pursuing a case of this nature can be risky. While you would be able to secure some form of compensation, the defendant could turn around and file a counter lawsuit—using the verdict in the original case against you. For this reason, it may not be in your best interests to pursue a case in which you were mostly at fault. If you are unsure of how a jury will make this determination, you should not hesitate to discuss your accident with the Modesto injury lawyer at our firm.
The legal team at the Law Offices of Steven A. Fabbro is extremely knowledgeable in all areas of California's personal injury laws, so you can trust that we have the answers that you are looking for. We also provide nothing less than the honest and straight-forward legal advice that our clients deserve, so you can rest assured that we will be candid with you about your options and chances for success—whether you are interested in settling out of court or taking your case to trial. All you have to do is call our office today at (209) 803-5117 to find out if we can help. Your initial consultation with our Modesto personal injury attorney won't cost you a thing, so there is no reason why you should wait any longer to take the first step.
Prefer to get in touch with us online? We can evaluate your case for free when you fill out the confidential evaluation form that is located on our website.