Under California’s “comparative fault” law, also sometimes called comparative negligence, a person injured in an accident can still recover damages even when he or she is partially to blame for the accident.
Comparative fault allows an injury victim to get a portion of his or her damages covered by the other negligent party, even if the victim is partly responsible for the injury.
In a personal injury case, the jury will decide what percentage of the plaintiff’s own negligence contributed to the injuries. If the plaintiff was partially responsible for his or her own harm, the damages award will be reduced by the plaintiff’s percentage of fault.
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