Comparative negligence might be a term that you have heard commonly in association with motorcycle accidents. An accident is considered to be a comparative negligence case when both of the parties involved in the accident carry the liability of the same, i.e., both of them are partially at fault for the accident. But is this applicable in dog bite cases? The laws of California states that it is applicable.
Comparative negligence is applicable in dog bites cases when the victim also carries the responsibility of the accident. This is a factor that can affect your dog bite claim, hence, you have to be careful when submitting a lawsuit for claiming money for a dog bite injury case. Read along to find out more about how comparative negligence can affect your dog bite claim.
How California Deal With Shared Fault In Dog Bite Cases?
Suppose a dog bite case occurred because the victim provoked the dog in some way, then the victim is partially at fault for creating the accident. In some states, it is not possible for a victim to claim money even if he/she carries a slight percentage of responsibility for the accident. However, in California, you get the right to claim money for the injuries you incurred because of the dog bite attack even if you are mostly responsible for the accident. However, the amount you get will be deducted based on the percentage of fault you carry.
For example, if you have 60% responsibility for the accident, then you can only get 40% of the total claim amount.
Can Comparative Negligence Affect Settlement?
Most of the dog bite claims end in out-of-court settlements even before the litigation process starts. If you proceed with the case in the court, then it might take a while for it to come to an end and there is no assurance that you will win the case, especially in comparative negligence cases. Hence, most people agree to the out-of-court settlements proposed by the defendant or his insurance company.
Comparative negligence can also affect the settlement amount too. If the defendant or the insurance company comes to know that you are also responsible for the accident, then they will persuade you to accept a smaller amount claiming that you will not get any money after the trial ends because of your shared fault for the accident. However, don’t fall for their tricks.
It is better to seek the help of a dog bite attorney for determining whether the amount offered by the defendant or the insurance company is a fair settlement. He will analyze your case and help you to decide if you should accept the settlement or proceed with the litigation.