California follows a “pure comparative negligence” doctrine to determine who is at fault or negligent in a personal injury claim. A clear understanding of this doctrine is a must if you want to submit a claim against someone who hurt you. By partnering with a Sacramento personal injury lawyer, you can get insights into comparative negligence in California and all that it entails.
At Triumph Law, P.C., we have a proven track record in personal injury lawsuits. Our Sacramento personal injury attorney can review your case and help you decide if now is the time to sue an at-fault or negligent party. For more information, please reach out to us.
Pure Comparative Negligence Applies to All Personal Injury Claims in Sacramento
With California’s pure comparative negligence doctrine, you have the right to pursue compensation from anyone responsible for your injury. You can do so even if you are primarily responsible for your injury. To understand how this doctrine works, consider an example.
You can get into a car accident in Sacramento in which you suffer an injury. At this point, you can file an injury claim and seek $10,000 in damages. If a judge or jury finds that you are 60% responsible for your accident, you will receive $4,000 in damages.
With pure comparative negligence, you can still seek compensation from anyone who caused your injury, even if you are mostly responsible for it. This differs from the “modified comparative negligence” doctrine used in 33 states. In accordance with this doctrine, a plaintiff can only be awarded compensation if they are less than 50% responsible for their injury.
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The Elements of Negligence Must Be Present Before You Can Get Damages
In a Sacramento personal injury lawsuit, you must show that the defendant was negligent. By doing so, you can prove to a judge or jury that the defendant was responsible for your injury and you deserve to be awarded compensation. This requires you to provide a body of evidence to support your claim and verify that the following elements of negligence are present:
- The defendant had a duty of care in which it was responsible to expect them not to harm you or anyone else.
- They breached their duty of care to you.
- By breaching their duty of care to you, the defendant caused you to get hurt.
- You suffered damages due to the fact that the defendant breached their duty of care.
The team at Triumph Law, P.C. knows how to prove fault in a personal injury lawsuit. Our personal injury attorney in Sacramento can help you build a compelling argument that shows a judge or jury that the defendant in your case was negligent. To learn more, please get in touch with us.
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Evidence Can Play a Key Role in Proving Fault
If you are involved in a bicycle accident or any other incident that results in an injury, you need evidence to show that you are not responsible. You can collect a wide range of evidence to support your request for compensation. Common pieces of evidence used in personal injury cases include:
- Photos and videos
- Medical records
- Pay stubs
- Police reports
A personal injury lawyer in Sacramento can discuss the importance of evidence in premises liability cases and other lawsuits. They can prepare evidence to present during your trial. If your evidence makes it clear to a judge or jury that the defendant in your lawsuit is fully responsible for your injury, you are likely to be awarded 100% of the damages that you originally requested.
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Witness Testimony Can Impact a Judge or Jury’s Decision
Along with evidence, you can provide witness testimony to support your request for damages. For instance, someone may have seen a motorcycle accident in which a motorist crashed their vehicle into you and your bike. This individual can serve as a witness, and they can explain to a judge or jury what they saw at the time of your accident.
With witness testimony, you can give a judge or jury a good idea about what occurred that led to your injury. A witness may receive questions from the attorneys for the plaintiff and defendant. They can provide honest and unbiased insights that can help a judge or jury make an informed decision.
Leading up to your trial, your attorney can help you identify witnesses who can testify on your behalf. In addition, your lawyer can prepare you for other aspects of your trial. They can also discuss potential settlement offers with you.
A Negligent Party May Want to Settle Outside the Courtroom
You can submit an injury claim, have a wealth of evidence to support it and prepare for your trial date. Regardless, the defendant in your case may have concerns that they will be forced to pay a substantial amount of damages. If the defendant understands that they were negligent and caused your injury, they may be inclined to propose a settlement.
If you get a settlement proposal in your injury case, you are under no obligation to do anything with it. Your lawyer will notify you about the proposal, and you have the option to approve, reject, or counter it. On top of that, you can discuss the offer with your lawyer, and your attorney can help you weigh its pros and cons.
The best personal injury attorney has helped their clients get outstanding case results. With this attorney at your side, you can consider a settlement but avoid accepting it if it falls short of your expectations. In this scenario, your lawyer can let the defendant know that you have declined their offer, and you and your attorney can keep working together to strengthen your case.
File a Personal Injury Claim Against an At-Fault Party
Triumph Law, P.C. is a Sacramento personal injury law firm that is committed to your triumphs. We work diligently to help our clients get the most compensation possible from negligent parties. To find out more or schedule a confidential consultation, please contact us today.