Montebello Car Accident Lawyers
- October 3, 2016
Montebello car accident lawyers assist injured individuals in a variety of crucial ways. The reality is that in the absence of qualified, skilled, experienced Montebello car accident lawyers, an injured person has a markedly reduced chance of obtaining the type of compensation to which he or she is entitled following a car accident.
One primary area in which Montebello car accident lawyers, like the El Dabe Law Firm, provide invaluable help to car accident victims is in addressing the various legal hurtles that can exist in a personal injury case. An example of these types of issues is the matter of comparative negligence in the state of California.
What is Comparative Negligence?
Comparative negligence is a system or standard of practice used in California by which liability is determined in a car accident case. Comparative negligence is based on the proposition that multiple individuals can be liable for causing an accident. Each of these individuals may be at differing degrees of fault for causing a car accident.
Through the California comparative fault system, compensation in a car accident case is adjusted based upon the allocation of liability by the court. For example, if $100,000 is awarded in a car accident lawsuit, and the plaintiff in the litigation is deemed to be 20 percent at fault, the total award to that person will be reduced by 20 percent. In other words, the plaintiff in the car accident lawsuit will receive $80,000, which is 20 percent less than the gross award of $100,000.
California is a Pure Comparative Negligence State
California is like about a dozen states in the country that follow a pure comparative negligence system. What this means is that even is a plaintiff in a car accident case ultimately determined to be more than 50 percent at fault, he or she can still receive compensation through a judgment in a lawsuit.
Other states do not follow the pure comparative negligence model. If a plaintiff in a lawsuit is determined to be 50 percent or 51 percent at fault, depending on the particular state, he or she receives nothing in a lawsuit.
In a pure comparative negligence state, like California, if the plaintiff in a lawsuit ultimately is deemed 60 percent at fault, that individual potentially could receive compensation in the amount of $40,000, using the hypothetical situation discussed a moment ago. In other words, the plaintiff would receive 40 percent of the $100,000 gross judgment.
Legal Representation in Comparative Negligence Cases
Due to the nature of what is involved in a pure comparative negligence case in California, legal representation from qualified, skilled Montebello car accident lawyers from the El Dabe Law Firm can be imperative. The reality is that the typical layperson understandably may never have even heard of comparative negligence before becoming involved in a personal injury lawsuit of his or her own.
Ultimately, the amount of money awarded in a car accident case becomes a question for a jury. Therefore, compelling evidence must be presented to minimize any fault potentially assigned to the plaintiff in a lawsuit. In addition, experienced Montebello car accident lawyers are key when it comes to crafting and presenting compelling arguments designed to limit the extent of liability potentially assigned to the plaintiff in a personal injury lawsuit.
Lawyers at the El Dabe Law Firm have a solid background in representing clients like you in even the most challenging car accident cases. This includes complicated lawsuits in which the allocation of liability among an array of different individuals and other entities becomes a real and highly challenging issue.
Punitive damages possible can be awarded above and beyond the percentage of compensation paid to a plaintiff in a personal injury case. This will occur of the conduct of another party in causing a car accident was particularly reckless, even in light of the contributory negligence of the plaintiff in the case.
Scheduling an Initial Consultation
Learning more about California car accident lawsuits, including the pure comparative negligence system, can be obtained by scheduling an initial consultation with the El Dabe Law Firm. An injured person needs to bear in mind that no fee is charged by the El Dabe Law Firm for a preliminary meeting with a prospective client to discuss a car accident case.