Navigating the aftermath of a personal injury case can be overwhelming, especially when questions of fault arise. In California, where pure comparative negligence laws are applied, determining liability can significantly affect the outcome of your case. If you’ve been involved in an auto accident or another incident involving multiple parties involved, hiring an experienced personal injury lawyer is critical. Here’s why working with a Sacramento comparative negligence lawyer matters.
Understanding Comparative Negligence in California
California law follows pure comparative negligence laws, which means that even if you are partially at fault for an accident, you can still recover damages. Unlike contributory negligence states, where being even 1% at fault can bar you from recovery, California allows you to seek compensation proportionate to the other party’s percentage of fault. For example, if you are found 30% at fault in a car accident, you can still recover 70% of your total damages.
This approach differs from modified comparative negligence states, where a plaintiff may be barred from recovery if their fault exceeds a certain threshold (typically 50% or 51%). Since California is a pure comparative negligence jurisdiction, accident victims can pursue compensation regardless of their share of fault.

How Comparative Negligence Affects Personal Injury Claims
If you’re pursuing a personal injury claim in California, understanding comparative negligence is essential. The percentage of fault assigned to each party determines how much compensation an injured party can recover. Here’s how it works:
- Determining Fault: After an accident, the insurance company, along with accident reconstruction experts and legal teams, investigates the accident scene to determine fault.
- Assigning Liability: Each party is assigned a percentage of fault. For instance, in a car accident, one driver might be 40% responsible while the other is 60% responsible.
- Calculating Compensation: The compensation you can recover is reduced by your percentage of fault. If your damages amount to $100,000 and you are found 20% at fault, you would receive $80,000.
This system encourages involved parties to present strong evidence of the other party’s negligence. Having an experienced attorney can be critical in ensuring you aren’t unfairly assigned a higher percentage of fault.
Why You Need a Comparative Negligence Lawyer
A comparative negligence lawyer is essential for handling personal injury cases that involve multiple defendants or disputes over liability. Here’s how they can help:
- Gather Evidence: Your attorney will collect evidence from the accident scene, interview witnesses, and review surveillance footage, if available.
- Negotiate with Insurance Companies: Insurance companies aim to minimize payouts by assigning as much fault as possible to you. A skilled personal injury attorney will negotiate on your behalf.
- Work with Experts: Accident reconstruction experts and medical professionals may be brought in to establish the defendant’s breach of duty.
- File a Personal Injury Lawsuit: If a settlement cannot be reached, your lawyer will pursue a personal injury lawsuit to protect your legal rights and recover damages for your medical expenses, lost wages, and more.
Without a lawyer, you risk being unfairly blamed for your own injuries, reducing your ability to recover compensation.
Key Differences Between Pure and Modified Comparative Negligence
There are important differences between pure comparative negligence and modified comparative negligence. Here’s a breakdown:
- Pure Comparative Negligence: Used in California and other pure comparative negligence jurisdictions, this system allows plaintiffs to recover damages even if they are 99% at fault, though their compensation is reduced by their percentage of fault.
- Modified Comparative Negligence: In modified comparative negligence states, plaintiffs are only eligible to recover damages if their percentage of fault is less than 50% or 51%, depending on the state’s rules.
If you live in California, it’s crucial to understand how California’s pure comparative negligence system impacts your legal rights and potential recovery.
What Can a Lawyer Do for You in a Comparative Negligence Case?
Hiring a Sacramento comparative negligence lawyer provides you with a clear advantage. Here’s what they do to strengthen your case:
- Prove the Defendant’s Breach of Duty: Your lawyer must prove that the defendant breached their duty of care, leading to your injuries.
- Establish Relative Liability: Your lawyer will argue that other parties bear a higher percentage of fault than you, maximizing your compensation.
- Advocate for Full Compensation: Your lawyer will fight to recover damages, including medical expenses, lost wages, pain and suffering, and property damage.
- Navigate Joint and Several Liability Issues: If there are multiple defendants, joint and several liability laws allow you to recover the full amount of damages from any liable defendant. Your lawyer will ensure that all responsible parties are held accountable.
Compensation Available in a Comparative Negligence Case
When you file a personal injury lawsuit under California’s pure comparative negligence system, you may be entitled to several types of compensation, including:
- Medical Expenses: This includes all your medical expenses related to emergency care, surgeries, medication, and physical therapy.
- Lost Wages: If you miss work due to your injuries, you may recover compensation for your lost wages.
- Property Damage: If your vehicle or other property is damaged in an accident, you can seek reimbursement for repair or replacement costs.
- Pain and Suffering: These damages compensate you for the physical and emotional distress caused by your injuries.
- Legal Fees: Many personal injury lawyers operate on a contingency fee basis, meaning you don’t pay unless you win your case.
Accident victims often face significant medical bills and lost wages, making it essential to pursue compensation through a personal injury claim. An experienced personal injury attorney will calculate the full extent of your damages and fight for your right to recover damages from all liable defendants.
How a Lawyer Helps You in Court
If your case goes to trial, a Sacramento comparative negligence lawyer will present evidence and argue your case before the superior court. They will present witness testimony, medical records, and accident reconstruction reports. A jury decides how much each party is at fault. Your lawyer’s goal is to minimize your percentage of fault so you can recover the maximum compensation possible.
Get Help from a Sacramento Comparative Negligence Lawyer Today
If you’ve been injured in a car accident, truck accident, or any other incident involving comparative fault, you need the support of a dedicated legal team. Don’t let an insurance company undervalue your claim or unfairly assign blame. A knowledgeable lawyer can guide you through the legal process and ensure that your rights are protected.
Learn more about why hiring a Sacramento comparative negligence lawyer matters. Call Crowell Law Offices at (916) 303-2800 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.
FAQs About Hiring a Sacramento Comparative Negligence Lawyer
1. How does California’s pure comparative negligence system affect my case?
Under California’s pure comparative negligence system, you can still recover damages even if you are partially at fault. However, your compensation will be reduced by your percentage of fault.
2. How is fault determined in a car accident claim?
Insurance adjusters, accident reconstruction experts, and attorneys review the evidence, including accident scene reports, witness statements, and medical treatment records, to determine each party’s percentage of fault.
3. What is the difference between pure comparative negligence and modified comparative negligence?
In pure comparative negligence states like California, you can recover damages even if you are mostly at fault. In modified comparative negligence states, you cannot recover if you are more than 50% or 51% responsible.
4. How do I prove the defendant’s breach of duty?
A lawyer can help you prove breach of duty by gathering evidence such as witness statements, accident reports, and expert testimony. This evidence shows that the defendant’s actions or negligence caused your injuries.
5. How do I pay for a personal injury attorney?
Most personal injury lawyers work on a contingency fee basis. This means you don’t pay any upfront legal fees. Instead, your lawyer receives a percentage of the settlement or court award if your case is successful.
If you’re ready to pursue your claim and protect your right to recover compensation, contact Crowell Law Offices today. Their experienced personal injury attorneys will ensure you have the support and legal guidance you need.