What Happens if You Were Partially at Fault?
Every state treats fault differently in personal injury cases. California is a pure comparative negligence state, which means the amount of compensation you can receive will lower by your percentage of fault.
If the court decides you were 10% at fault for the accident, for example, you will lose 10% of what you would normally have recovered. If you are more than 50% at fault, you won’t be entitled to any compensation.
Limits to What You Can Receive
Personal injury claims in California allow you to receive compensation for:
- Economic damages (medical expenses, lost wages, home renovations to accommodate disabilities, etc.); and/or
- Non-economic damages (pain and suffering, inconvenience, mental anguish, etc.)
Your economic damages must be based on the financial expenses resulting from the accident. Generally, the only hard limit you may experience is the $250,000 cap on non-economic damages in medical malpractice cases. Every case is unique, however, and our team at Nguyen Law Group would be more than happy to provide case-specific information about your compensation potential.