People involved in accidents might wonder what comparative negligence means in New York. The state’s pure comparative negligence law allows individuals to recover damages even if they are partly at fault for an accident. However, the amount of compensation you can recover is reduced by the percentage of responsibility you hold for your damages.
It’s not unusual for insurance companies to protect the bottom line by blaming victims for their accidents. Let the award-winning New York personal injury lawyers at Richmond Vona handle your claim. We can collect all available evidence, fight false accusations of fault, and pursue fair compensation for your losses.
ON THIS PAGE
- How Comparative Negligence Impacts Personal Injury Cases in New York
- Pure Comparative Negligence vs. Modified Comparative Negligence
- How Is Comparative Negligence Determined?
- What Is the Role of Insurance Companies in Comparative Negligence Cases?
- How a Personal Injury Attorney Can Help You in Comparative Negligence Cases
- Contact Richmond Vona for Experienced Legal Representation Today
How Comparative Negligence Impacts Personal Injury Cases in New York
Unlike many states, even if you were mostly at fault for your accident, New York allows you to file a personal injury lawsuit seeking compensation for damages. The New York pure comparative negligence law applies to all personal injury cases based on negligence, including those involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Slips and falls
- Construction accidents
However, the percentage of fault you hold reduces your compensation proportionately. For example, if you are 40 percent at fault, your compensation will be reduced by 40 percent. In an accident with $1 million in damages, you could collect $600,000 in compensable damages.
Pure Comparative Negligence vs. Modified Comparative Negligence
Unlike most other states, New York has a pure comparative negligence law, which in theory allows you to sue as long as you aren’t 100 percent liable for your accident. Most states have modified comparative negligence laws. Under “modified comparative negligence,” your percentage of fault must be below a certain threshold, either 50 or 51 percent, to sue.
For example, under the Maine comparative negligence law, you must be less than 50 percent responsible for your accident to collect damages. Under the New Jersey comparative negligence law, on the other hand, you can collect damages if your fault was equal to but not greater than the other party’s. That means you can recover if you were 50 percent responsible but not if your liability is 51 percent.
If you have $100,000 in damages and were 50 percent at fault, you can collect: | If you have $100,000 in damages and were 51 percent at fault, you can collect: |
|
|
How Is Comparative Negligence Determined?
To determine each party’s comparative negligence, insurance adjusters and courts need evidence. They will assign each party a percentage of fault from 0 to 100. While liability is often shared, it’s possible to hold zero liability for your crash. Once liability is assigned, damages are calculated based on those percentages.
Liability is sometimes straightforward. But there may also be multiple defendants in your lawsuit. For instance, though a negligent driver may have caused your injuries by running a red light, faulty traffic signals may mean the government agency responsible for road maintenance is also on the hook.
Ultimately, liability may be shared between you, the other driver, and the agency. Determining precise fault percentages in these scenarios is complex and likely to be highly contested by all parties. The quality of your evidence and your attorney’s advocacy skills are essential.
What Is the Role of Insurance Companies in Comparative Negligence Cases?
Insurance adjusters evaluate liability to determine settlements and will need to consider comparative negligence. Unfortunately, they try to assign as much fault as possible to blameless accident victims to minimize payouts—they are not above using underhanded tactics. That’s why understanding your rights under the law and having a skilled personal injury attorney with extensive experience handling New York car accident lawsuits is essential.
How a Personal Injury Attorney Can Help You in Comparative Negligence Cases
After a car accident, you will likely face a team of defense attorneys and insurance adjusters who do not have your best interests at heart. Their goal is to pay you as little as possible, so you need skilled representation in your corner to protect your right to compensation.
Our legal team knows how to counter insurer tactics designed to undermine our clients’ rightful claims for justice, accountability, and compensation. You can count on us to collect all available evidence, tell your story persuasively, and push back against unfair accusations from insurers eager to reduce or deny the true value of your claim.
Let our New York car accident lawyers evaluate comparative negligence in your claim. If the other side refuses to compensate you fairly, we have the skills and expertise to represent you before a judge and jury. You can count on us to stand by your side throughout the life of your case.
Contact Richmond Vona for Experienced Legal Representation Today
At Richmond Vona, we provide individualized attention in every case, assigning dedicated teams to each client. This approach allows us to deliver the high-quality legal services you deserve and ensure an open line of communication. If you choose us to handle your case, we will conduct a thorough, independent investigation and maximize the value of your claim by countering wrongful allegations of fault. Contact us online or call (716) 500-5678 to schedule your free consultation.
