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Law Offices of Robin E. Paley
Personal Injury Lawyer In Los Angeles County

Pure comparative fault in personal injury cases

This blog has offered prior posts on negligence and how it may form the basis of legal claims for accident and injury victims. If a person is able to establish that someone owed them a duty and that party breached their duty and caused the victim harm, that victim may be able to sue for the recovery of their losses. However, in some cases, it may come out through the facts that the victims actually carried some blame for their own harm and may have contributed to the events that caused their injuries.

In some states, a person who contributes to their own personal injuries is barred from recovering any of their damages. This is not the case in California. California recognizes the legal theory of pure comparative fault. Pure comparative fault allows a person to collect their damages, even if they were partially to blame for their own harm, and the amount of damages that they can collect will be limited by their proportion of negligence.

For example, if a speeding driver hits a pedestrian and causes that pedestrian to suffer injuries, they may be liable for that victim's harm. However, if it is found that the pedestrian was crossing the road outside a crosswalk, they may be found partially responsible for their own injuries. Their recovery may be limited by the proportion of fault that they carried for being in the street outside a crosswalk.

This post is offered as informational only and readers should not rely on it for legal advice. Victims of personal injury accidents should talk to their attorneys about how pure comparative fault may affect their claims. All personal injury cases have different factual bases and may proceed through different legal paths to varying outcomes.

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