- New York has a pure comparative negligence law, so you can collect compensation even if you were mostly at fault for your injuries.
- The percentage of blame you hold reduces your compensation proportionately.
- An experienced personal injury attorney can assist in collecting evidence and fighting for compensation based on a fair assignment of fault.
Comparative negligence, sometimes called comparative fault, is a legal principle courts and insurance companies use to assign liability to parties in a personal injury claim. Comparative negligence laws can be different from state to state. New York courts and insurance companies use a pure comparative negligence system to determine how much compensation you can collect for your personal injury claim.
Learn more about comparative negligence laws and the evidence you need to reduce fault and maximize compensation from our accomplished New York car accident attorneys.
Pure Comparative Negligence Explained
Under the New York pure comparative negligence law, people injured in accidents can collect compensation as long as they are not 100 percent responsible for their injuries. In New York, even if you are partially responsible for your injuries, you can still get compensation from the other party involved in your accident.
For example, if total damages in a car accident are $10,000, and Person A is 70% at fault while Person B is 30% at fault, Person B could still get 70% or $7000 of their damages from Person A. New York’s pure comparative negligence law protects victims by awarding compensation even if they are partially responsible for their injuries.
How Comparative Negligence Works in New York
In most personal injury cases, insurance companies or courts determine the percentage of fault assigned to the parties involved. These determinations of fault are based on the specific facts of each case and can range from 0 to 100 percent liability. Factors that influence how insurance companies and courts determine the percentage of fault assigned to each party involved in a personal injury case include:
- Incident reports, police reports, videos, photos, and other evidence
- Statements from witnesses about the incident or the factors that caused the incident
- Expert reports, including reconstructions or long-term medical cost calculations
Examples of Comparative Negligence in Action
The specific circumstances of each case determine the distribution of fault in personal injury claims in New York. An action in one type of claim may lead to minimal liability, while that same action in another could lead to significant contributory negligence.
For example, a victim looking down at their phone instead of watching for hazards could make them 20 percent liable in a slip-and-fall case. On the other hand, in a car accident claim, looking down at your cell phone while driving could make you 100 percent liable for the crash.
Insurance companies or courts may decide your injuries are partially your own fault, even if someone else caused the incident that led to them. For example, in a New York helmet law case, if you were not wearing a helmet, you could be partially at fault for your own injuries, and your compensation could be reduced.
“…There would be an apportionment of fault as to what your damage or your recovery could be if you weren’t wearing that helmet because those injuries would have never occurred had you been wearing that helmet. And you’re creating a big uphill battle for yourself by not following the laws.” – Sameer Chopra
Impact on Your Personal Injury Claim
Comparative negligence determinations can significantly impact your compensation in a personal injury case. With every percentage of fault that an insurance company or court assigns, you can reduce the potential damages you can recover.
Proving the other party’s negligence while minimizing your own fault is important in a personal injury case. This can help maximize your compensation. You may need to challenge unfair claims that you contributed to your injuries or demonstrate that your actions had less impact than the other party’s actions.
How To Protect Your Claim
You may be wondering what to do immediately after a car accident to protect your right to the compensation you need to recover and strengthen your claim. Actions you can take include:
- Gather evidence: Collect photos, videos, and witness contact information. Organize your medical records, police reports, and other evidence that affects liability and damages.
- Seek medical attention: Even if you don’t get emergency care, you may have injuries that don’t show right away. Delaying medical care may allow insurance companies to downplay your injuries.
- Consult a personal injury attorney: An experienced New York personal injury lawyer can evaluate your claim and gather information that may be difficult for you to obtain. For example, trucking companies usually keep black box data, driver logs, and vehicle maintenance records, all of which can be essential to a truck accident case. In a slip and fall claim, the property owner may have the only video recording of your accident.
If you delay getting legal help, you may miss your chance to file a claim. The New York statute of limitations for personal injury cases is usually three years after the date of your accident. When the other party in your claim is a state or government agency, you have only one year and ninety days to file a notice of claim against a government entity.
Maximize Your Compensation With Chopra & Nocerino, Your Personal Injury Advocates in New York
Our New York injury lawyers have over 20 years of combined experience fighting for compensation for accident victims. We help guide clients through the insurance and legal process for all types of accident claims.
The legal team at Chopra & Nocerino are real New Yorkers who stop at nothing to defend our clients and make sure their bills are paid. Contact us online or call (855) NYC-HURT today for a free consultation.
