How does California's comparative negligence rule affect the settlement I can receive if I was partially at fault?

Under California's "pure comparative negligence" rule, your settlement amount is reduced by your percentage of fault, but you can still recover damages even if you were mostly responsible. Here is how to approach your settlement negotiation. Step 1: Calculate Your Total Damages Before considering fault, calculate the full value of your claim. Combine all economic damages (medical bills, lost wages, property damage) and non-economic damages (pain, suffering, emotional distress). This total figure is your starting point. Step 2: Gather Evidence of Fault Collect all evidence related to the incident. This includes the police report, photographs of the scene and damages, contact information for witnesses, and any of your own notes. This evidence will help you argue that the other party bears a higher percentage of fault. Step 3: Prepare to Negotiate Your Percentage of Fault The insurance adjuster will try to assign a high percentage of fault to you to reduce their payout. Based on the evidence you gathered, determine a reasonable percentage of fault for your own actions. This percentage is the key point of negotiation. Step 4: Apply the Rule to Your Settlement Offer During negotiations, the adjuster will apply a fault percentage to your total damages. For example, if your total damages are $100,000 and you are determined to be 20% at fault, your settlement offer will be reduced by 20% to $80,000. Your goal is to negotiate for the lowest possible percentage of fault. Important Details and Nuances: California is a "pure" comparative negligence state, meaning you can recover damages even if you are 99% at fault. Also, under Proposition 51, your responsibility for non-economic damages (like pain and suffering) is limited to your exact percentage of fault, which can be a critical factor in multi-defendant cases. Warnings and Limitations: Be very careful what you say to an insurance adjuster, as they can use your words to assign you a higher percentage of fault. California has a strict two-year statute of limitations for filing a personal injury lawsuit from the date of the injury. This is general information and does not constitute legal advice. For complex situations, especially where fault is heavily disputed, you should consult with a qualified California attorney.