Under California’s comparative negligence law, someone who is partially at fault for an injury or an accident may still be entitled to be compensated. An injured person is entitled to recover a determined percentage of damages where the defendant was at least partially at fault. This applies even if the injured person was more than 50% at fault. Juries are responsible for determining the percentage of fault in the case, or this could be negotiated via an out-of-court settlement.
In the event a catastrophic injury leads to death, the deceased’s surviving family or estate representative can pursue a wrongful death claim in lieu of a personal injury claim.