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Can I Sue If I Am Partly at Fault for Causing a Car Crash?

 Posted on September 25,2024 in Car Accident

Palo Alto car accident lawyerCar accidents can have multiple contributing factors, with several parties sharing the fault for causing them. If you are injured in a collision, some of the first questions you probably have are whether you can get compensation and how much your settlement might be. The answers to those questions depend on the state where your crash happened and case-specific factors.

Every state has negligence laws that govern your eligibility for compensation and potential restrictions that can affect your settlement amount. Liable insurers often try to manipulate your fault determination to lower your payout amount. When you choose a lawyer from Fuller Law Firm, we will ensure that fault is assigned accurately to help you recover the highest possible compensation.

What Is California’s Negligence Law?

California is one of only a few states that uses pure comparative negligence in personal injury cases. Under this law, you can seek compensation from other at-fault parties even if you are 99 percent responsible for causing your car crash, but there is a catch. The amount of compensation you can receive will be reduced by your percentage of fault.

Suppose you are 30 percent at fault, and your damages total $200,000. The most you can collect is 70 percent, or $140,000. If you are 70 percent to blame, you could only receive 30 percent, or $60,000. While California’s law is more forgiving when you share a substantial portion of the fault, the insurance companies that should pay you will likely try to assign even more to you. When you partner with Fuller Law Firm, we will not stand for that unfair treatment.

What Are Damages in Personal Injury Cases?

You will hear the term "damages" used in different ways during your claims process. It refers to specific types of losses and the money you might receive to compensate or reimburse you for those losses.

Typical car accident injuries include broken bones, bruising, organ damage, spinal cord injuries, and traumatic brain injuries. Your recovery may prevent you from working, and your car likely needs to be repaired or replaced. You might need help doing everyday chores like laundry and cooking. You will also likely experience adverse impacts on your quality of life.

We cannot tell you what damages you are eligible to receive until we investigate your accident and assess its impact on your life. However, your settlement may include damages for:

  • Lost income
  • Property damage
  • Medical expenses
  • Replacement care services
  • Pain and suffering
  • Permanent disfigurement or disability
  • Inconvenience
  • Losing the ability to enjoy life

In rare cases, victims may also be awarded exemplary damages. Unlike the other damages, which focus on your losses, exemplary damages are intended to punish a wrongdoer further for their malicious behavior. You can rely on Fuller Law Firm to calculate your damages accurately and pursue the full amount.

Call Now To Discuss Your Case With Our Dedicated Palo Alto, CA Car Accident Lawyer

Even if you share the blame for your accident, you deserve compensation from other responsible parties. When you work with Fuller Law Firm, we will stand firm, protecting your rights and best interests. As a Santa Clara County native, Attorney Fuller enjoys serving his community by helping injured victims get their lives back on track. Call us at 408-234-7563 today for your free consultation with our skilled Gilroy, CA personal injury attorney.

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