When you’re injured due to someone else’s actions, you may assume they are entirely at fault. However, under New York law, comparative negligence can impact how much compensation you receive. Understanding this legal principle helps you manage expectations and prepare for potential challenges in your claim.
Understanding comparative negligence
Comparative negligence determines fault when more than one party shares responsibility for an accident. Instead of barring recovery, this rule reduces your compensation based on your percentage of fault. For example, if you are 20% at fault for a car accident and the total damages amount to $100,000, you would receive $80,000.
New York follows a pure comparative negligence rule. This means you can recover damages even if you are more at fault than the other party. Unlike states with modified comparative negligence, which prevent recovery if you are over 50% at fault, New York allows claims regardless of fault percentage.
How fault is determined
Insurance companies and courts assess evidence to determine each party’s level of responsibility. They review accident reports, witness statements, and expert opinions. In slip-and-fall cases, they consider whether you ignored warning signs. For car accidents, they examine speeding, distracted driving, or failure to yield.
Insurance companies often argue that you share more blame to reduce their payout. Strong evidence, such as photos, medical records, and witness testimony, helps support your side of the claim.
Impact on different personal injury cases
Comparative negligence applies to various personal injury cases, including car accidents, slip-and-falls, and medical malpractice. In medical malpractice claims, a patient’s actions, like failing to follow treatment plans, might reduce compensation. In workplace injuries, comparative negligence may come into play if an employer argues that unsafe employee behavior contributed to the accident.
Maximizing your compensation
To protect your claim, gather evidence immediately, document your injuries, and be cautious when discussing the accident with insurers. Avoid admitting fault and focus on the facts. Legal guidance can help counter arguments that unfairly shift blame onto you.
