Every state is different when it comes to this very important aspect of the personal injury liability analysis— how to handle liability when each party played a role. Some states follow a contributory negligence model which means that if you acted in a way that contributed to the accident, you are unable to recover absent a handful of exceptions. States that employ a contributory negligence model include Alabama, North Carolina and Virginia.
California follows a comparative negligence model which allows for financial recovery even if you or your deceased loved one was partially responsible for the accident that lead to injuries or death. In these cases, it turns into a complicated math equation in determining not only what the case is worth as far as overall damages but also the % fault attributed to each party.
COMPARATIVE NEGLIGENCE & YOUR RIGHT TO SUE
Let get right to it- if you are partially at fault for your accident, you can still file a personal injury lawsuit. As your attorneys, we will work hard to limit the % of fault attributed to your actions and maximize your financial recovery. If you need help with paying for medical services during the difficult recovery time, we can help you with that too. The negligence analysis in a personal injury suit is all about looking at the duty each had in the situation and the level of breach. These cases are understandably more complicated because it is not just about figuring out damages but doing an in-depth analysis of each party’s behavior. For this reason and so many others, the sooner you get in touch with us the better. Personal accounts of accidents and other evidence are best when they are as fresh as possible, meaning that we can make your strongest case.
For instance, a truck accident that involves damage to the car as well as some injuries to the driver is worth $100,000 in total damages and the court, jury or private settlement negotiations find that the truck driver is 70% at fault and the car driver is 30% at fault for the accident– the $100,000 award would be reduced by 30% to take into account the drivers’ role in the accident and he or she would come away with $70,000.
At Walch Law, we know how overwhelming an accident is and we are here to help you every step of the way. Give us a call today to learn more about your success record, our approach and how we can help you. We look forward to hearing from you.
Nine Reasons To Choose Us
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ResultsWhen looking for a California wrongful death lawyer, you want a law firm that can get you the money you deserve. At Walch Law, we don't just meet our clients' expectations, we exceed them. We win over 95% of our cases and will work hard to get you the same great results we have gotten for so many of our happy clients. When it comes to handing a California wrongful death case, resolving your case as quickly as possible for as much money as possible is how we approach every case.
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ExperienceFounding partner Gary Walch started this law firm to help people in your very situation. With over forty years of experience, you can feel confident that when you hire Walch Law Firm, you are benefiting from his years of experience. Robert Walch has been with the firm since 2000 and has a track record of success, as does the rest of the highly qualified staff at Walch Law. A family firm with the resources of a big law firm means you get the best of both worlds.
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TrustThere are lots of law firms that will happily take your business but very few will deliver results and handle your case the way that we do. We understand and respect how difficult this time is for you and our family. When you hire Walch Law Firm you are hiring a family firm that you can trust. We have a stellar reputation within the legal community and among our clients.
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Contingency FeeFor many individuals and families following a death it is not just an emotional time but a stressful financial time as well—hiring an attorney should help relieve this financial stress which is why you hire us on a contingency fee arrangement. Translation: you don't pay for any fees or costs associated with your case until you get paid. We have the financial resources of a large law firm but the accessible environment of a small firm meaning your case won't get lost in the shuffle.
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CommunicationWhenever you are ready, we are available to talk and this open and available communication model is something that our clients enjoy until their case is closed. We keep you informed and updated on your case every step of the way, always explain what's happening in plain English and ultimately deliver on our promise to get you paid.
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Recent VictoriesWinning over 95% of our cases means that you can feel very confident when you hire us to help with your case. Some of our recent victories include a $5,000,000+ settlement for a car accident, $1,250,000 settlement for a wrongful death pedestrian case and $2,500,000 for injuries related to a subway accident.
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SupportFirst and foremost, you are suffering a major traumatic loss and we understand that. We can help with counseling, medical professionals and other important resources during this time. Your focus should be on dealing with this loss, let us take care of all the legal details.
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Family FirmThere are small firms that might not be able to front the costs of your case and there are big law firms that will easily take your case but lack any type of personal touch (and you might have trouble hearing back from them when you want to) and then there's Walch Law Firm. We can handle any case and pride ourselves on our accessibility to clients. Father-son duo Gary & Robert Walch treat everyone like family and this personal touch is something that our clients as well as our employees constantly e!
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Se Habla Espanol!¿Busca un abogado de habla hispana ayudar con su caso de la muerte ilícito de California? No busque más. Somos una firma de abogados de servicio completo de habla hispana que puede ayudarle durante este tiempo difícil tiempo. Llama nos o correo electrónico hoy para su consulta gratuita para aprender más.
