Representing Injury Victims in Sacramento

Nationally Recognized Advocacy

Sacramento accident lawyer, Attorney Reiner has been by recognized by legal organizations, colleagues, and clients for his outstanding advocacy. His dedication, compassion, and in-depth experience have been instrumental to the success of his cases.

What Is the 51% Comparative Fault Rule in California?

If you have been injured in an accident and found to be partially at-fault, you may still be able to file a claim. In California, the 51% comparative fault rule allows a person who is responsible for 50% or less of an accident to file a personal injury claim.

The most common types of personal injury claims involving comparative fault include:

• slip and fall accidents;
• product liability;
• premises liability;
• medical malpractice;
• car accidents; and
• bicycle accidents.

California’s Comparative Fault Law

California’s comparative (or negligence) law divides damages between parties involved in an accident based on the percentage of fault each played in the accident. The party seeking compensation for damages will receive a settlement reduced by the percentage they were found to be at fault.

A jury will decide the amount of responsibility of each party based on the following factors:

• the defendant must prove the plaintiff’s negligence contributed to their injury, and they must illustrate that the plaintiff was negligent and this negligence was a factor in causing the injury;
• if the defendant is successful in proving the above, the plaintiff’s damages are reduced by jury determination of the plaintiff’s responsibility;
• when dividing fault between the plaintiff and the defendant, the percentages must total 100%;
• the jury must then make a finding of the plaintiff’s damages; and
• grant the plaintiff compensation that reflects monetary damages minus their percentage of fault.

Who Pays Damages If Two Parties Are Responsible?

If a plaintiff is injured by 2 (or more) defendants, they can recover compensation from all defendants, which is called joint and several liability.

Joint and several liability applies to:

• medical expenses;
• property damage;
• loss of income; and
• loss of earning capacity.

The percentage of non-economic damages (like pain and suffering) could still be collected from each defendant.

Personal Injury Cases We Represent

Our firm is equipped to handle a broad range of claims, including some of the most complex injuries and those involving deep-pocketed defendants. We know that you are facing real struggles – rising medical costs, lost income from missing work, and excruciating pain. Let us help you move forward from this accident with financial security and peace of mind. Have our lawyer take care of all the legal details while you focus on recovering.

If you are interested in filing a claim, exploring your options, or learning about the claims process, contact our Sacramento accident attorneys. We can listen to your story and explain to you how we can help you get through this challenging time.