New York's laws of comparative negligence could significantly impact the value of your personal injury claim. In personal injury cases, the parties involved in the accident may carry some degree of fault, whether it involves a car, truck or a motorcycle. With comparative negligence laws, the amount of compensation you receive following an accident is determined by your share of fault.

Knowing how New York's laws surrounding accidents can be helpful in considering your legal options in the event of an accident that results in injury.

We will explain the comparative negligence law and how it could potentially impact a personal injury claim in the following article.

We also suggest that you speak with a NY personal injury attorney if you are injured due to an accident that was caused by someone else's negligence. The law firm of Brandon J. Broderick, Attorney At Law has an experienced team of attorneys who are versed in NY's personal injury laws and can help you resolve your case.

What is Comparative Negligence?

A typical defense used by defendants and insurance companies in cases where a party is accused of causing an accident or damage through negligent actions is that the plaintiff's own carelessness played a role in the accident or injury. If found to be true, the plaintiff's chance of recovering compensation may be significantly impacted.

Comparative Negligence and Contributory Negligence

States have historically adhered to the contributory negligence concept, which works like this: Any carelessness on the side of the plaintiff would exclude the plaintiff from collecting any compensation from the defendant. While five states still follow this rule, others have enacted a variation of comparative negligence, whereby a plaintiff who is found to be partially at fault can still receive compensation. However, the amount of the compensation reflects the defendant's percentage of the fault, as determined by the jury.

New York's Comparative Negligence Law

A partially at-fault plaintiff may be entitled to compensation in some states as long as their level of negligence is equal to or lower than the defendant's, or 50% or less. New York is among the thirteen states that apply the pure comparative negligence rule. In New York, regardless of the degree of plaintiff fault, an injured plaintiff can obtain compensation from a negligence defendant. This means that a plaintiff who bears 90% of the fault for an accident can seek compensation for losses incurred by a defendant who bears 10% of the fault, but any damages awarded would be subject to a 90% reduction.

How Is Comparative Fault Assigned?

If you have filed a personal injury lawsuit, the "finder of fact" assigns blame to each party. The jury will determine the overall amount of your damages. Additionally, they will determine each party's amount of liability for the accident, which will lower any compensation awarded by the same percentage of your fault.

Despite this, many lawsuits are settled out of court. So, in most cases, you'll work with an insurance adjuster to negotiate your case. If you were at fault, adjusters and defense attorneys may attempt to argue that you are not entitled to compensation. However, this is likely not the case, due to New York's comparative negligence laws.

Furthermore, you should never attempt such discussions with an insurance company. Instead, retain an experienced New York attorney to handle these negotiations.

The NY Personal Injury Attorneys at Brandon J. Broderick Are Ready To Assist You

Assigning fault and who is liable in an NY personal injury case is not always simple. However, if you have an experienced attorney in your corner, you will have the tools to fight for fair compensation.

The legal team at Brandon J. Broderick, Attorney at Law will fight for your right to fair compensation. Allow us to help you. Our record speaks for itself.

For a free consultation, call us today.

Posted by: Brandon J. Bro…
Date: Fri, 12/29/2023 - 17:02

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