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You may feel afraid to fight for compensation if you shared fault in causing your accident. It’s important to know that you have the right to a fair share, even if you were partially responsible for the accident that caused your injuries. If you were injured in an accident, you can recover compensation from any other liable parties in your wreck thanks to California’s comparative fault law.

If you aren’t sure whether you have grounds for a case, you can hire an attorney to handle your claim. Selecting an injury lawyer with experience is essential if you want to feel supported through the legal process. With the right legal team, you can get the most out of your claim and walk away feeling confident with the end result. 

Calculate Your Percentage of Fault

To recover the maximum settlement, you must first calculate your percentage of fault. Factors that go into calculating fault include where the accident took place, how many individuals were involved, how severe your injuries were, and your level of negligence versus the other party’s level of negligence.

For example, if you slip and fall on a spilled liquid at a grocery store, the property owner may be 70 percent liable and you may be 30 percent liable because the hazard was in plain sight and you could’ve easily walked around it. Your percentage of fault will ultimately be up to the judge and jury to decide but having an idea of your percentage ahead of time can be helpful. 

Determine the Other Liable Parties in Your Accident

After calculating your percentage of fault, you must identify who else is liable in your wreck. In the slip-and-fall situation, the property owner can be the other liable party in your accident. After a thorough investigation, you may determine that other liable parties were involved as well. For example, if the spilled liquid came from a defective product such as an air conditioner, then the product manufacturer may be liable. 

Assess Your Damages

Once you can successfully name the defendants in your case, you can assess your damages and use these damages to determine your claim value. You can claim both economic and non-economic damages, which include your financial and non-financial losses.

Economic damages may comprise medical expenses, lost wages, and property damages. Non-economic damages may comprise pain and suffering, loss of enjoyment of life, and emotional distress. The court will apply comparative fault and deduct your percentage of fault from your damages to determine your settlement. If your damages equal $100,000 and your percentage of fault is 30 percent, then you’ll ultimately receive $70,000.

You shouldn’t be afraid to take legal action just because you were partially at fault in your wreck. You have the right to a fair share thanks to California law, so you should seek justice and relieve yourself of financial stress.