How Does California Negligence Law Affect Recovering Damages?
Author: James McKiernan Lawyers
August 14th, 2013
When you suffer injury because of someone else’s negligence, you generally have the right to recover compensation for damages. Santa Maria personal injury attorneys can review the factors surrounding your injury and devise a strategy to prove negligence and maximize your recovery.
The Supreme Court case ruling that changed how Californiacourts view negligence was Li v. Yellow Cab Co. In this case both the plaintiff and the defendant contributed to causing the accident. Prior to this case, California courts did not allow parties whose negligence contributed to an accident to recover damages. Yet in this case, the Supreme Court set a new precedent by deciding that the plaintiff had the right to compensation. Even so, the court reduced the amount of damages the plaintiff could recover based on her percentage of fault. In the legal world, lawyers refer to this type of negligence law as pure comparative negligence. Even if a plaintiff is 99 percent at fault, they still have the right to recover one percent of damages. The main factor involved in a negligence case is proving the other party was negligent and presenting their actions in such a light that the court assigns the party a significant percentage of fault. Under California Civil Code §1714, anyone lacking ordinary care or skill who causes someone else injury is responsible for damages.
California accident litigators can protect your rights in an accident injury case by thoroughly investigating how the accident occurred and by working diligently to gather evidence and interview witnesses.
James McKiernan Lawyers has established a reputation for being successful in accident cases. James McKiernan is a member of the Million Dollars Advocate Forum, a selective group of lawyers who have obtained million dollar verdicts on behalf of their clients.