Filing a personal injury claim in California can be a complex process, and it can become even more complicated if you were partly to blame for the accident. However, even if you were partially at fault, you may still be able to recover damages for your injuries. In this summary, we will discuss the steps involved in filing a personal injury claim in California when you are partly to blame for the accident, including gathering evidence, determining fault, negotiating with insurance companies, and seeking legal assistance.
Step-by-Step Guide to Filing a California Personal Injury Lawsuit When You Are Partly to Blame for the Accident:
Get medical attention: The first step after any accident is to seek medical attention for your injuries. Even if your injuries seem minor, you must get checked out by a medical professional to ensure you don't have underlying injuries or health concerns related to the incident.
Collect evidence: Gather as much evidence as possible from the accident scene, including photographs, witness statements, and police reports. Doing so will help determine fault and support your case if necessary.
Determine fault: In California, the legal concept of comparative negligence determines fault in cases where multiple parties are responsible for an accident. Under comparative negligence, each party is assigned a percentage of fault based on the details of the incident. If you were partly at fault for the accident, you might still be able to recover damages, but the amount of damages is reduced by your percentage of fault.
Notify the other party: California law requires that you notify the other party within six months of the accident if you file a personal injury lawsuit, so you must act quickly.
Hire an attorney: Hire an experienced personal injury attorney. An attorney can help you navigate the complex legal system and negotiate with insurance companies on your behalf.
File a claim: Before filing a personal injury lawsuit, consider filing a claim with the other party's insurance company. Having a claim on file can help you negotiate a settlement. If negotiations fail, filing a personal injury lawsuit may be necessary.
File a lawsuit: If settlement negotiations fail, you may need to file a California personal injury lawsuit. Your attorney will help you prepare the necessary documents and file the lawsuit in the appropriate court.
Attend mediation: Before going to trial, the court may require mediation, a process where a neutral third party helps both sides agree on a settlement.
Go to trial: If mediation does not end in a settlement agreement, the case goes to trial. Both sides will present evidence and arguments to a judge or jury during the trial, who will determine the case's outcome.
Collect damages: If you win the case, you will be awarded damages for your injuries. However, if you were partly at fault for the accident, the damages would be reduced by your percentage of fault.
Partial Fault in a California Accident Increases Complexity of Negotiations:
In conclusion, filing a personal injury lawsuit in California when you are partly to blame for the accident can be complex. Hiring an experienced attorney maximizes your chances of recovering damages for your injuries.
If you need to file a California personal injury lawsuit and you are partially at fault for the accident, you want Moss Bollinger, Sherman Oaks, California personal injury attorney, on your side. He's dedicated to protecting and asserting the rights of his clients. Call 866-942-7974 today for a free consultation, or contact us online.