Liability and Comparative Negligence Can Have an Effect on the Value of a Case

One of the main things that a Westlake Village Personal Injury Lawyer will have to take into account when thinking about the value of a case is the general strength of the client’s case as it relates to the defendant’s liability for the injuries suffered. It’s of no consequence whether the case is one that involved a vehicular accident, a slip-and-fall, or products liability–the value of the case will boil down to the primary issue of negligence.

If it can be demonstrated that, indisputably, the defendant is liable, then the value of your settlement will go up; but, if evidence of the defendant’s liability is not all that strong such that your chances of winning are in the 50/50 range or lower, the value of your case will be significantly lower.

One other thing that must be taken into consideration by a Westlake Village Personal Injury Lawyer is the concept of comparative negligence. Comparative negligence refers to the role you might have played in causing your own injuries. You should know that your own comparative negligence will lower the amount of compensation that you will receive for your injuries, and in some instances, a lot of jurors believe that if you were negligent in any way, you should not be entitled to receive anything at all.

That said, if your own negligence is almost in the 50% range of that of the defendant, that will not be helpful for you or your case, and you will likely lose your case at trial. However, if your comparative negligence is only small, then there should be no problem with receiving some amount of recovery for your injuries.

If you have been hurt in an accident and you need a Westlake Village Personal Injury Lawyer to assist you, please call the law office of Gary Mitchell at (805) 449-4243 for a free consultation.

Gary Mitchell, Attorney at Law
Westlake Village Personal Injury Lawyer

4195 East Thousand Oaks Blvd Suite 240A
Westlake Village, California 91362

Phone: (805) 449-4243
Fax: (805) 449-4245