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Understanding Comparative Fault in Slip and Fall Accidents

A property owner is only liable for a slip and fall accident when their negligence resulted in the accident. If you were partly at fault for the accident, it can reduce the amount of compensation you’re entitled to, depending on your percentage of fault. A slip and fall lawyer can investigate your accident and determine whether you share liability. They can then help you pursue rightful compensation for your medical bills, lost wages, and other damages. If you share fault in a slip and fall accident, it’s important to seek legal representation as soon as possible to ensure you recover the settlement or award you’re owed, depending on your percentage of fault.

What is Comparative Fault?

Comparative fault holds each party involved responsible for the portion of damages their negligence caused. Under the comparative fault rule, a percentage of fault is assigned to each party. The injured party’s compensation can then be reduced based on their percentage of fault assigned.

What is Pure Comparative Negligence?

California is a pure comparative negligence state, which means that an accident victim can still seek compensation for their injuries and other damages even if they were 99% at fault for the slip and fall accident. However, their compensation will be reduced, depending on their percentage of fault.

How is Fault Calculated?

If a slip and fall case goes to trial, each party will present evidence of negligence and the judge or jury will determine the degrees of fault. The judge or jury can also determine the amount of loss that the injuries caused. The judge will then determine the amount of compensation the other party owes the accident victim, reducing the amount of compensation based on the accident victim’s percentage of fault.

Should I Hire a Slip and Fall Lawyer?

You don’t have to hire a slip and fall lawyer, but doing so can ensure you recover the compensation you’re owed. Most slip and fall accident claims are settled out of court. An insurance adjuster may assign a higher degree of fault than what you deserve. Additionally, an insurance company may also try to pressure you into accepting a lowball settlement offer. A slip and fall lawyer will investigate your accident and determine your percentage of fault. They can then negotiate with the insurance adjuster, fighting for the fair compensation you’re owed. If your case proceeds to trial, your attorney can represent you in court and ensure they build a strong case that proves the other party’s degree of fault and helps you recover the award you’re entitled to.

Contact Us Today

If you were injured in a slip and fall accident that was caused by dangerous or hazardous conditions on someone’s property, contact Child & Jackson Personal Injury Lawyers today to schedule a free legal consultation. Our slip and fall lawyers have decades of experience fighting insurance companies for the compensation our clients deserve and can provide the dedicated and knowledgeable legal guidance and advice you need during this difficult time. Contact us today to schedule your free legal consultation.

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Author

Erik Child

Erik E. Child is a graduate of Brigham Young University and obtained his Juris Doctorate from the McGeorge School of Law in 1998. Working as a practicing trial attorney, Mr. Child has earned a reputation for having successfully tried many cases over the years, beginning in 1999. With extensive litigation experience, Mr. Child has practiced law in California, Utah, Washington, and Nevada, in both federal and state appellate courts. Happily married, Mr. Child is the father of nine children and enjoys spending time with his family, traveling, and scuba diving.

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