‘Am I eligible to get compensated even if the accident was partially my fault’? It’s an obvious question that you have asked after an accident for which you are partially responsible. It’s also a question that a personal injury lawyer in California often has to answer. You will be happy to know that the answer is possible yes. If you or your loved ones have encountered an accident where the victim was partially at fault, the California injury law allows them to be partially compensated. But to secure even a partial personal injury claim, you must be aware of your limitations and legal rights.
What are the relevant laws in California?
What makes you entitled to partial compensation is California’s comparative negligence laws. When the question is about a personal injury claim, California directs a system of tort liability. It particularly means that the negligent party, causing the accident and consequent injuries, is to be held solely responsible. The responsibility or liability would be to pay for the damages and financial losses of the injured party.
Contact us at Sarraf Law Firm to know more about the liabilities of parties in a partially-at-fault accident.
However, if you are partially responsible, you lose your right to claim the full amount of compensation. For instance, if you are hit while taking a walk but are found to be partially at fault, then your ability to pursue compensation will be reduced. You will be entitled to get compensated for the other half of the accident that you weren’t responsible for. This is the legal doctrine of comparative negligence followed by the California negligence laws. A personal injury lawyer in California will be able to guide you better in such circumstances.
It must be noted that your negligence must not be greater than the other party’s negligence. You can consult a personal injury law firm to learn more about comparative negligence laws in California.
How will you determine comparative negligence?
When you file a personal injury lawsuit, the comparative negligence will be calculated by your personal injury lawyer in California. You will be relieved of the burden of having to defend yourself for being partially responsible. An attorney will help you to determine the claim amount that you can pursue as a partially-at-fault plaintiff. When you consult a personal injury law firm, they will investigate the accident and the degree of your fault. They will also particularly help you to figure out the insurance settlements on your behalf.
Will the insurance pay you?
In an accident where you have contributed, you might wonder if you can seek monetary compensation from the insurance company. In such cases, insurance can be hard to maneuver. To ensure that your personal injury claim is not rejected, consult a personal injury lawyer without any delay. You might not know how to proceed but your lawyer will. You will get the assistance you need to initialize the claim with the other party’s insurance company. They will also initiate a third-party claim to maximize your claim amount.
Additionally, you can file a personal injury claim from your own insurance company even if you were partially at fault for an accident. You might not be able to recover from your physical sufferings but you will be paid for the vehicle damages and medical bills. In some cases, you can be compensated for your suffering and emotional distress. Which will be derived from the insurance provider of the driver who contributed to the accident. It is in your best interest to avail legal assistance from a personal injury law firm.
Get legal help
When you are partially at fault for an accident, give yourself a break and contact a personal injury lawyer in California. You can seek legal help at Sarraf Law Firm. We take utmost care to make your claim successful, even if you were partially responsible.
