In some personal injury cases, the fault can be attributed to both parties. If this happens, it is important to request the services of a personal injury attorney in Los Angeles. An expert will be able to help you obtain compensations according to the other party's degree of fault. For more information you can contact our lawyers at: http://www.lapersonalinjuryattorney.net/
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Shared Fault in Personal Injury Cases
1. Shared Fault in Personal Injury Cases
A presentation brought to you by our personal injury attorneys in Los Angeles
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2. 2
Shared Fault Personal Injury Cases
In some personal injury cases, fault cannot be
easily attributed to just one of the parties.
Fault is assigned to the one who caused the
accident or harm through an act of negligence.
If both parties were negligent, the case will be
judged accordingly.
3. 3
Multiple Parties Involved
in the Accident
When both parties are responsible for the damages
resulted from an accident, compensations will be
diminished for the plaintiff.
The defendant may argue that he is not entirely to
blame and that the plaintiff also had a degree of
responsibility. This is common in vehicle accidents
when both drivers were not paying enough
attention.
4. 4
Fault as Defined by Law
For the purpose of personal injury claims, fault
is attributed to the party who is found guilty of
having caused the accident.
Fault arises from the level of negligence and
the defendant will need to pay compensations,
usually monetary ones, to the plaintiff.
5. 5
Comparative Fault
In shared fault cases, two types of fault are used
when issuing legal judgments: comparative fault
and contributory fault.
In states that enforce a comparative fault rule,
the judge will determine the amount of fault that
can be attributed to each of the individuals. In
these situations, it is important to determine how
much fault each party bears for the accident.
6. 6
Pure Comparative Fault in
California
The state of California enforces a pure
comparative negligence rule.
This means that, in cases like vehicle or
motorcycle accidents, where both of the drivers
were to blame, each of the parties could be
eligible to collect compensations, according to
the percent of fault attributable to the other party.
7. 7
Reduced Compensations in Shared
Fault Cases
If you are involved in an accident and are also at
fault, this will influence the amount of
compensations you can obtain for your
damages.
If, for example, the defendant is found to be 70%
at fault for the accident and the plaintiff only 30%
responsible, then the plaintiff will receive
compensations of up to 70% and the other party
only 30%.
8. 8
Proving Negligence in Personal
Injury Cases
Proving negligence is very important in any type
of personal injury, not only in shared fault cases.
One of our personal injury attorneys in Los
Angeles can help you gather relevant evidence,
eyewitness testimonies and medical reports, all for
the purpose of proving that your injuries were
caused by the accident.
9. 9
Legal Limitations on Shared Fault
Cases
If you are involved in a shared fault case in
California, you must consider the pure
comparative negligence rule, but also the
statute of limitations.
A lawyer can help you bring a case to court
during the two-year period that applies for
personal injury cases.
10. 10
Legal Support in Personal Injury
Cases
If you are dealing with a shared fault case, the
advice and expertise of a personal injury lawyer
are very important for obtaining a satisfactory
amount of compensations for your damages.
Contact us for more information and legal
support.
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Thank you for your attention!
For more information please contact us at:
(+44)203-287 0408 (for international clients)
office@lapersonalinjuryattorney.net
http://www.lapersonalinjuryattorney.net/