
When you’re injured because of someone else’s actions, your first thought might be to file a claim and seek the compensation you need to recover. But what happens if you played a small part in what happened? Maybe you were distracted when you slipped on a wet floor or didn’t see a warning sign in time. That’s where comparative negligence comes into play. This legal principle can directly affect how much you’re awarded after an accident, even if someone else was primarily at fault. Understanding how this works can make a big difference in your financial recovery.
What Is Comparative Negligence?
Comparative negligence is a legal rule that reduces your compensation based on how much you were at fault for the incident. This rule applies to many personal injury cases in California, including car accidents, slip-and-falls, and pedestrian incidents. Under this system, each party involved in the accident is assigned a percentage of fault. For example, if you’re 20% responsible and your total damages are $100,000, you would only be eligible to recover $80,000. Even if you’re partially to blame, you still have the right to seek compensation. But the amount you receive depends on how your share of fault is calculated.
How Fault Is Determined in an Injury Case
Determining fault isn’t always straightforward. Insurance companies, attorneys, and the court all play a role in evaluating the evidence and assigning percentages of responsibility. This can include witness statements, photographs, video footage, medical records, and even expert testimony. The goal is to paint a clear picture of what led to the injury and who contributed to it. Building a strong case showing minimal responsibility is essential if you’re partially at fault, even by a small margin. The more evidence you provide to support your version of events, the better your chances of receiving a fair settlement.
Why Comparative Negligence Matters to Your Bottom Line
The amount of money you receive from an injury claim directly affects how well you can recover—physically, emotionally, and financially. Medical bills, lost wages, and property damage can pile up quickly. If your compensation is reduced because of comparative negligence, you could be left paying for part of those expenses out of pocket. That’s why it’s so important to understand how this concept affects your claim. You can’t afford to guess when it comes to proving fault or negotiating a settlement. Being informed about how fault is measured gives you more control over the outcome of your case.
Don’t Face a Claim Reduction Alone
You shouldn’t have to figure out the legal system while trying to heal. If comparative negligence is part of your case, having the right legal team can make all the difference. An experienced attorney can challenge unfair fault assessments and present the strongest case possible. At EFS Law Center, we’re here to support you. For years, we’ve helped people like you fight for the compensation they deserve. If you’ve been hurt in a slip-and-fall or any other kind of accident, call us at (310) 800-0000 and don’t wait to get the legal help you need.