California Laws On Shared Fault

Whenever an accident happens, someone usually takes the blame for causing that accident. In legal terms, this is called fault, but is it possible that different people can be at fault for causing an accident? In California, the answer is yes; that is because California is a comparative fault state. Comparative fault is also called comparative negligence and refers to how the responsibility for an accident should be apportioned.

It is possible that someone can be found to be 100% responsible for an accident. However, if there are two people involved in the accident, then it is possible that they could both be found responsible. If that is the case, then the next step is to decide how to allocate that blame for each person. It could be determined that one person was 60% responsible and the other was 40% responsible.

In all cases of comparative fault, the percentage of blame given to the involved parties should equal one hundred. If you have been in a car accident and need a lawyer to help you with a comparative fault case, then contact Bauman law Bakersfield to get the help you need.

Why Is The Shared Fault Law Important?

In cases of comparative negligence, the allocation of negligence has a direct effect on the insurance settlement. So if it is decided that one party is 100% to blame for the accident, then the other party will get the full insurance settlement to which they are entitled. However, if it has been decided that both parties share some of the fault, then they will receive a settlement corresponding to the percentage of the blame that they share. So, if a settlement claim comes out to $2000 dollars and the courts decide that the defendant is only 50% responsible for the accident, the plaintiff will receive a $1000 settlement.

How Is The Percentage Of Shared Fault Decided?

The amount of fault apportioned to each party is decided by a judge and jury. The lawyers for the plaintiff and the defendant in the case need to present arguments proving that the other party is all, or mostly to blame for the incident. Some cases only involve the defendant and plaintiff, but others may involve far more people. For example, a car accident may involve the police officer who wrote up the incident report, the insurance adjuster who examined the details of the accident, and the doctor who wrote the medical reports.

In such a case, the determination of who is at fault, and by how much, can be complicated, but there are simpler cases where only two parties are involved, in which it is mainly up to the lawyers to resolve the dispute. That is usually what happens in other types of personal injury cases like slip and falls or dog bite injuries.

What If There Are More Than Two Responsible Parties?

When multiple parties are at fault for someone’s injury, the comparative fault rule works the same as when just one person is at fault. The main difference is that the jury will portion out the percentage of the fault amongst the guilty parties. So, if there are three responsible parties, then one may be determined to be 20% responsible, another 50% responsible, and another 30% responsible.

The injured party can collect damages from any of the responsible parties, this is called Joint and Several Liability. Joint and Several Liability applies to economic damages such as medical expenses, property damage, loss of earning potential, and loss of income. The injured party can sue anyone, or all of the responsible parties for damages, and they, in turn, can sue each other to determine how much each of them should contribute.

Shared Fault Means That Everyone Should Pay Their Fair Share

If you have been in an accident, then it is possible to recover damages even if it was decided that you were partially at fault. Regardless of whether you were not at fault, or partially at fault for an accident, you need to contact a personal injury lawyer who will fight for your rights to try and get you the settlement that you deserve.

How Long Does a Personal injury Lawsuit Take?

Often times, an injury can cause undue pain and suffering, loss of compensation and exorbitant medical bills (to name a few). After an injury due to the negligence of another person has occurred, one of the last things that an injury victim wants to hear is, “It could take a few years before you are compensated.” However, in most cases, this is reality. Especially if you choose to bypass the often time “lowball” settlement offered by the insurance company. Remember, quick compensation is usually not the best compensation. Before you make the decision to pursue your personal injury claim, it is imperative that you have an understanding of the process before it starts. This will help you to be more patient with the personal injury proceedings and allow your attorney the time to fight for the compensation that you rightfully deserve.

The Process of a Personal Injury Lawsuit

The personal injury claims process includes a lot of steps, meetings, evidence gathering, negotiating, and litigating. Though it typically takes a few months to two years to settle a personal injury suit, this is not always the case. In some instances, it can be shorter and in others, the process can be much longer. This will mostly depend on the complexity of the case and how much clear evidence of fault there is. Listed below are some of the more pertinent steps of a typical personal injury case.

  1. If possible, collect evidence from the scene and injuries sustained right after the accident has occurred.
  2. Immediately seek medical attention (follow up on all appointments and adhere to the treatment plan prescribed).
  3. Connect with a reputable personal injury attorney.
  4. Your attorney will investigate all pertinent information. They can then make a demand to settle for the other attorneys. In many instances, your attorney will want to wait until you are fully recovered, so they know what the case is worth.
  5. If your demands are not met, your attorney will then file a lawsuit.
  6. The discovery process will begin.
  7. Mediation, as well as negotiations, will take place.
  8. If there is no settlement, the trial will begin.

Will My Case go to Trial?

According to attorney Timothy J. Ryan, most personal injury cases do not go to trial. In fact, oftentimes, cases are settled before the trial begins. This happens during the mediation process. The mediator is tasked with facilitating communication and negotiations between parties. Their chief concern is helping both parties reach a mutually beneficial decision without having to go to trial. It is important to remember, that the results of mediation are not binding. If both parties are unable to reach an amicable decision, then they can take their dispute to trial.

Why is My Case Taking So Long?

The typical personal injury case can take anywhere from a few months (if settled quickly), to a couple of years to reach a conclusion. However, there are certain cases that can go well beyond two years. This happens most typically in cases that involve large sums of money, complex issues, or problems with the facts. In addition, your lawyer will typically wait to pursue the case until you have reached the maximum medical improvement (MMI) from your injuries. Some opt to “take the quick money” and settle early. However, this is not recommended. Allow your attorney the time to get the compensation that you deserve in full. You may also want to check with Richmond personal injury law firm for advice.

Russell Wilson’s Net Worth

Russell Wilson
Russell Wilson

Russell Wilson became the highest-paid player in 2019. The Seattle Seahawks quarterback, who has been with the team since 2012, signed an extension deal in return for $140 million over four years. In addition to his $35 million a year salary, he received a $65 million signing bonus. Forbes put Russell Wilson’s net worth at $42 million. With the new deal, the figure will look tiny. Continue reading

Advantages Of Investing In Pre-constructed Condos

Investing in property is a great way to utilise money that’s already in the bank and currently collecting very little interest. But like any investment, it’s good to do plenty of research to make sure that this is the right opportunity for you. Here are some advantages to investing in pre-constructed condos.

Image From Pexels

Research To Find The Right Location

When it comes to the property market, location is very much essential when picking the right property. Every town, city or country is going to have it’s fair share of good spots and bad spots. Depending on where you live, you may want a place that’s close by so that it’s easily manageable to sort out when renting out or perhaps that won’t be an issue if you get an agency to manage it on your behalf. Keeping an eye on the property market is going to stop you from falling into a potentially bad deal where there’s not enough available tenants to rent the condo or it’s a place that’s visibly falling in terms of property prices. Canada is one place where condos are thriving so looking at is a great place to start your search.

Find A Reputable Builder Or Company

There are plenty of builders and building companies about but that doesn’t mean that every one of them is going to be churning out perfect properties. When it comes to purchasing a condo, you want to find a reputable builder or company that specialises in building condos specifically and therefore has a specialised knowledge of what is required in these properties in order to sell them or rent them out successfully. Condos are usually required when typical townhouse and houses in general are not currently possible due to the lack of space in a particular area. This is why places like Toronto and other dense cities are a goldmine for condos.

Create A Business Plan And Budget

When creating a property investment portfolio, it’s important to create a business plan and a budget. You may find that this is something that changes as the portfolio develops and perhaps you end up adding more properties to it. However, it’s good to create a business plan at the very beginning to set yourself up with relevant goals and objectives that you may have in mind. A budget is very much needed as buying a property is nothing cheap and it may be that you need more for one area than you do for another. A business plan is investor’s way of making profit and it’s important to write down what a pre-constructed condo needs in order to increase it’s valuation if and when you come to sell it.

Consider Any Extra Costs Or Fees

It’s important not to forget the additional costs that may come from buying a condo. If you’re renting it out for example, you need to be prepared that there might be interims between tenants where there’s a month or two with no rental payments coming through. Can you afford this? If not, then you may need to bring your budget down and pick a slightly smaller property so that you have some extra funds for which you can use to pay towards these times where nothing is coming in. There may also be extra costs to make changes to the property and to maybe update the interior of it. There’s also legal fees that might need to be considered too so make sure you’ve factored this all into your budget.

Take Advantage Of The Cooling-Off Period

Whenever you make a property investment or are looking to buy a property, you normally have a cooling-off period which is standard to help buyers rethink their purchase just in case they have second thoughts. A lot of this bigger decisions can be influenced to feelings that are felt in the heat of the moment and that’s not always a level-headed place to make such big financial decisions. The cooling-off period is as standard for 10 days and this is plenty of time to reflect and think about whether it’s something that you should definitely go ahead with or not. So this is certainly something that is worth taking advantage of even if you were absolutely sure at the time that you were making the right decision. Take any contracts to your solicitor so that they can check over the details regarding what’s been stated so that they can flag anything that you may not have spotted yourself.

Buying a condo is certainly the most affordable way of property ownership and as long as you pick the right property in the right area, you could end up profiting greatly as a result. Do your research before you go property hunting, make sure you have a budget in mind and don’t forget that valuable cooling-off period before or after purchasing.

Strongbox: Your Bespoke Industrial Equipment Investing Solution

For a construction company, one of its most significant investments and expenses involves purchasing and maintaining expensive equipment. From cranes and earth-moving equipment to lift equipment and construction vehicles, it is often not feasible for a company to invest large amounts of capital in these pieces of equipment. As a better option, many companies tend to lease these and other equipment pieces.

Continue reading