Comparative Negligence in New York: How Shared Fault Affects Compensation
The amount of compensation you receive in a personal injury case is typically based on which party was at fault for the accident. New York follows a comparative negligence standard when it comes to determining fault, which can significantly impact the compensation you receive if both you and the other party are found to share fault.
At the Law Office of Steven R. Smith, we are experienced in representing injury victims in New York and helping them pursue the compensation they need for their recovery. If you've suffered an injury and aren't sure who may be at fault, we can help you understand how shared fault may impact your compensation.
What Is Comparative Negligence?
Comparative negligence is a legal standard used to determine the degree to which each party involved in an accident is responsible for the resulting damages. Instead of assigning full fault to one party, comparative negligence recognizes that both parties may contribute to the accident to varying degrees.
This concept is particularly important in personal injury cases, where the percentage of fault assigned to you can directly affect the amount of compensation you may be entitled to receive.
New York is a pure comparative negligence state. This means that even if you are partially at fault for your accident, you can still recover compensation for your injuries and damages. However, your recovery will be reduced by the percentage of blame assigned to you.
How Does Comparative Negligence Work?
Under New York's pure comparative negligence law, the compensation awarded to you will be reduced based on your share of responsibility for the accident. For example, if you are awarded $100,000 in damages but are found to be 25% responsible for the accident, your compensation will be reduced by 25%, leaving you with $75,000.
It's important to note that even if you are found to be 90% at fault, you can still recover 10% of your damages under New York law. This system is designed to make sure injured parties are not completely barred from recovering compensation, even when they share some level of fault. However, determining the percentage of fault can often be a contentious part of personal injury claims.
How Is Fault Determined in New York?
Determining fault in a personal injury case generally hinges on comprehensive evidence and legal arguments to prove which party's actions or inactions led to the injuries. Factors that may be considered when determining fault include:
Witness statements: Testimonies from individuals who saw what happened can play a significant role in establishing fault.
Accident reports: Police reports and other official documentation can provide insight into the circumstances that caused the incident.
Photographic or video evidence: Pictures or surveillance footage can help illustrate the events that led up to the accident.
Expert testimony: Professionals such as accident reconstruction experts may be used to analyze the incident and assign blame.
Fault is often heavily contested in personal injury claims, as insurance companies or opposing parties will frequently argue to minimize their responsibility. However, an experienced personal injury attorney can help you gather and present compelling evidence to establish a strong foundation for pursuing fair compensation.
How Comparative Negligence Affects Insurance Settlements
In New York, insurance companies frequently rely on comparative negligence to reduce the amount they are required to pay in settlements. They may argue that you share significant responsibility for the accident, which would reduce the compensation they owe.
For instance, if you experienced a slip-and-fall accident at a grocery store, the store’s insurance company might claim that you were texting or distracted at the time, suggesting you share responsibility for your injuries. Likewise, in a car accident case, an insurance adjuster might argue that you were speeding or didn’t react quickly enough, assigning you partial fault.
Our firm is experienced in countering these tactics by thoroughly investigating the circumstances of your case and fighting back against unfounded claims of fault. We understand the strategies insurance companies use, and we stand ready to protect your rights throughout the claims process.
Challenges with Proving Comparative Negligence
While New York's comparative negligence system benefits injured individuals by allowing for some recovery even when they share responsibility, it also presents significant challenges.
Proving the exact percentage of fault can be complicated, as it often involves conflicting narratives and extensive evidence. Insurance companies and opposing parties may attempt to inflate the degree of fault assigned to you to diminish your compensation.
This is especially critical in cases involving multiple parties, such as multi-car accidents or workplace injuries, where liability may be divided among several individuals or entities. Therefore, it's important to work with an attorney who can help you demonstrate the other party's negligence and minimize the fault attributed to you.
How an Attorney Can Help
Understanding comparative negligence in New York can be overwhelming, especially when faced with insurance companies that seek to minimize your payout. At the Law Office of Steven R. Smith, we have extensive experience handling cases involving shared fault. Our team understands New York’s laws and knows how to present compelling arguments that maximize the potential compensation for our clients.
Our attorney will work tirelessly to investigate your claim, gather evidence, interview witnesses, and partner with experts who can bolster your case. Whether you need help negotiating with insurance companies or representation in court, our priority is to make sure you receive the justice and compensation you deserve.
Reach Out to an Experienced New York Personal Injury Attorney Today
If you’ve been injured in an accident and are concerned about how comparative negligence might impact your claim, you're not alone. At the Law Office of Steven R. Smith, we have the knowledge and resources to guide you through New York comparative negligence law and help you pursue the compensation you are entitled to.
Located in Garden City, New York, we serve clients throughout Queens, Long Island, Manhattan, and all New York neighborhoods. Contact us today to schedule a consultation and learn how we can help you hold negligent parties accountable after an accident.