If you’ve been injured in a car accident due to no fault of your own, you’re most likely looking to file a personal injury claim to help you recover the compensation you need to heal. That said, the amount of compensation you may receive depends on many factors, but one of the most important ones is the concept of comparative negligence. Please continue reading and reach out to a seasoned NYC personal injury lawyer to learn more about comparative negligence affects the compensation an individual may recover in a car accident claim. Here are some of the questions you may have:
What is comparative negligence?
Comparative negligence is a legal doctrine that applies when both the plaintiff (the injured person) and the defendant (the person who caused the accident) are found to be partially at fault for the collision. In some states, if the plaintiff is even slightly responsible for the accident, they cannot recover any damages at all. This is known as contributory negligence, and it can result in unfair outcomes for victims who may have made a minor mistake or error of judgment.
However, New York is not one of those states. New York follows a pure comparative negligence rule, which means that the plaintiff can still recover damages even if they are partially responsible, as long as they are not 100% at fault. The amount of damages that the plaintiff can recover will be reduced by their percentage of fault. For example, if the plaintiff’s total damages are $100,000, but they are found to be 30% at fault for the accident, they can only recover $70,000 (70% of $100,000).
The pure comparative negligence rule in New York is based on the principle of fairness and proportionality. It allows both parties to be held accountable for their actions, without completely barring the plaintiff from seeking justice and compensation. It also encourages both parties to settle their claims out of court, since neither side can be sure how a jury will apportion fault.
How is fault determined in a car accident case?
Insurance adjusters and, in some rare cases, juries, will ultimately determine the degree to which you are at fault for your injuries, and, by extension, the amount of compensation you’re entitled to. That said, these parties will examine a variety of factors when determining liability, including surveillance footage of your accident, pictures of damage to vehicles, the total cost of medical treatment you required, witness statements, police reports, and more. Your attorney’s job is to gather and present evidence in such a way that shines a spotlight on the other party’s contribution to the accident and minimizes your own. Our firm has fought for countless accident victims over the decades, and we’re here to fight for you, too. Give us a call or contact us online today.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 866-886-0892 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
