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02 — Case-law research

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The answer streams in live, with inline links to sources. The right-hand panel lists every citation — click a source to open the full document right at the quote, so you can verify fast without leaving the app.

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Chat — Carter ⁄ State Farm

DB
Question
State Farm's answer asserts my client was comparatively negligent and seeks to cut the pain-and-suffering award by 30%. Is that reduction automatic, and what determines the degree of comparative fault? I need current California authority.
AI
ParaLegAI

No, the reduction is not automatic. Under California's pure comparative negligence rule, a plaintiff's recovery is reduced only "in direct proportion to the amount of negligence attributable to" the plaintiff Li v. Yellow Cab — a finding of some comparative fault does not by itself fix any particular reduction.

The trier of fact must first decide whether the plaintiff was negligent, then apportion fault according to comparative responsibility; that apportionment is a question of fact decided on the totality of the circumstances American Motorcycle Assn.. The award for pain and suffering remains recoverable under Civ. Code § 3333

4 sources · 2 cases All citations checked against sources
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03 — Drafting

Court filing — drafted in the background

The brief is built step by step, with progress shown live. You decide how many cases to cite, and you can ask for changes right in the chat at the bottom.

paralegai.app/matter/carter-statefarm/drafts

Plaintiff's Trial Brief

Draft · last saved 9:41 AM
Drafting the brief62%
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Case analysis
done · 12 key facts
Case-law research
done · 8 cases
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B I U H1 H2

PLAINTIFF'S TRIAL BRIEF

Superior Court of California, County of Los Angeles · Case No. 24STCV13057
I. Plaintiff's Position

On behalf of plaintiff, plaintiff seeks recovery of damages for pain and suffering (Civ. Code § 3333) and respectfully asks the Court to reject defendant's comparative-fault defense to the extent it exceeds the circumstances established by the evidence.

II. No Automatic Reduction of Recovery

Defendant's comparative-negligence defense (Li v. Yellow Cab) does not result in any automatic reduction of recovery. A mere finding of some comparative fault dictates neither a reduction nor its extent.

This position is fully supported by California authority. Under the pure comparative negligence rule, recovery is reduced only in direct proportion to the plaintiff's share of fault — it is neither barred nor reduced by any fixed amount Li v. Yellow Cab, and the apportionment of fault is determined individually on the totality of the circumstances

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04 — Firm knowledge

Knowledge base

Two collections in one place: the documents for a specific matter, and the firm's shared library — contract templates, treatises and memos that can be available across every matter.

paralegai.app/matter/carter-statefarm/knowledge-base

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Carter ⁄ State Farm
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Complaint — Carter v. State Farm.pdf
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Expert Report — Accident Reconstruction.pdf
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Medical Records — Hospital Discharge Summary.pdf
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Case Note — Settlement Talks with State Farm.docx
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