SAN FRANCISCO, Feb. 20, 2025 /PRNewswire-HISPANIC PR WIRE/ — Rouda Feder Tietjen & McGuinn addresses the complexities of California’s comparative negligence system and offers strategic guidance for personal injury attorneys. California operates under a “pure comparative negligence” system, meaning a plaintiff’s compensation is reduced proportionally to their degree of fault. For instance, a $100,000 award could be lowered to $60,000 if the plaintiff is deemed 40% responsible. This system, while aiming for fairness, necessitates careful consideration of the plaintiff’s actions.
“Our firm’s approach focuses on building a strong liability narrative that not only acknowledges but also effectively counters the defense’s arguments,” said Loren Schwartz. “This includes thorough investigations, expert witness testimony, and a keen focus on humanizing our clients’ losses, ultimately ensuring the best possible outcome within the parameters of California’s comparative negligence framework.”
Defense attorneys frequently argue that plaintiffs contributed to their injuries, citing factors like jaywalking or speeding. They may also contend that plaintiffs failed to mitigate damages by delaying medical treatment or disregarding medical advice. These arguments highlight the importance of meticulous preparation and strong advocacy.
To counter these claims, attorneys should employ several key strategies:
- Thorough Investigation: Conduct comprehensive investigations to gather all relevant evidence, including physical evidence, witness statements, and video footage. Expert witnesses, such as accident reconstruction specialists or medical professionals, can provide crucial support.
- Compelling Narrative: Craft a clear and persuasive narrative that acknowledges any plaintiff fault while emphasizing the defendant’s negligence. Highlight violations of laws, regulations, or industry standards. Focus on “but-for” causation—demonstrating that the injury wouldn’t have occurred without the defendant’s actions.
- Addressing “Bad Facts”: Acknowledge any plaintiff responsibility honestly to build credibility and control the narrative surrounding the incident.
- Humanizing the Client: Don’t let liability overshadow the human impact of the injury. Effectively convey the plaintiff’s losses and suffering.
Understanding California’s comparative negligence rules is vital for personal injury attorneys. By implementing these strategic approaches, attorneys can mitigate the effects of comparative negligence claims and maximize client recovery. Visit https://www.rftmlaw.com/ to access resources and further enhance your litigation strategies.
Media Contact: For more information or to learn more, please visit Rouda Feder Tietjen & McGuinn https://www.rftmlaw.com/. Cases We Believe In. People We Care About. There is nothing more important than the health and safety of you and your family. If you would like to reach the firm for press queries, please contact [email protected].
Rouda Feder Tietjen & McGuinn has served clients throughout San Francisco to help them obtain the maximum compensation for their injuries. Our team of attorneys and support staff has built a national reputation as a strong advocate for the wrongfully injured. Our dedication and effectiveness helps injured victims secure the justice and compensation they rightfully deserve. No matter how bleak your situation may appear, you can count on us to help you obtain the best possible outcome for your case.
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SOURCE Rouda Feder Tietjen & McGuinn
