Yes, you can still file a lawsuit in California even if you are partially at fault for the accident or injury. California follows the doctrine of comparative negligence, specifically a pure comparative negligence rule.
Under comparative negligence, each party involved in an accident or injury is assigned a percentage of fault based on their contribution to the incident. This means that even if you are partially responsible for the accident, you can still pursue a lawsuit against other parties who share some degree of fault.
However, it’s important to note that your percentage of fault will impact the amount of compensation you can recover. California’s pure comparative negligence rule means that your damages will be reduced by your percentage of fault. For example, if you are found to be 20% at fault and are awarded $100,000 in damages, your total compensation would be reduced to $80,000.
It’s worth mentioning that determining the degree of fault is typically decided by insurance adjusters, and if a lawsuit is filed, it may be decided by a judge or jury. It’s essential to consult with a personal injury attorney in California who can assess the specifics of your case, help determine liability, and advocate for your rights to maximize your potential compensation considering the comparative negligence principles.