Significant Role of Comparative Negligence in New York Personal Injury Cases
When you get injured in an accident in New York, take time to properly determine the fault as it is necessary to secure compensation. But wait! What happens if you also share some responsibility for the accident? How concerned should you be?
There is “righteous comparative negligence” in New York. This means your compensation can be minimized based on your percentage of fault. This legal principle is vital in personal injury cases and it also influences settlements and court verdicts.
What is Comparative Negligence in New York?
What is comparative negligence? Here is a quick summary:
“Comparative negligence is a legal name that is used to define the fault in personal injury cases.”
This ruling states a plaintiff can recover the damages, even when responsibility for the accident is partial. However, the compensation can be reduced according to the fault percentage. This is different from “contributory negligence”, which is a stricter rule in some states. Contributory negligence is where a plaintiff is barred from recovering damages, even if they are 1% at fault.
In contrast, comparative negligence provides a more balanced approach. It ensures that the victim will still receive the compensation while accepting the shared fault personal injury in New York.
Value of Comparative Negligence in Personal Injury Claims
What is comparative negligence’s importance in personal injury claims? Comparative negligence is crucial as it guarantees fair compensation according to the fault. It allows plaintiffs to recover a portion of their losses even with the shared role. So, there will be no complete denying of the damages and in this way, the victim’s rights will be protected.
Main Types of Comparative Negligence
Here are the three main types of comparative negligence that you can check:
Pure Comparative Negligence
This is the first type of comparative negligence and is followed in New York. In this system, plaintiffs are allowed to recover the damages, regardless of their fault percentage. For instance, even when there is a 99% responsibility, there is still the opportunity to receive the damage of 1%. This ensures that victims will never be entirely barred from compensation.
Modified Comparative Negligence
This is the second type of system that sets a fault threshold, which is usually 50% or 51%. This means if the fault of the plaintiff surpasses the threshold, they will be barred from recovery. For example, in a 51% bar rule, a plaintiff with 51% at fault will not recover damages. However, when they are 50% or less at fault, it is possible for them to receive compensation and it will be proportionate to their responsibility.
Slight/Gross Negligence
This is a rare system in which the plaintiffs can recover the damages only when their negligence is deemed “slight” compared to the defendant’s “gross” negligence. This is the system that is primarily followed in South Dakota.
Ultimately, the right understanding of these different systems is crucial in personal injury cases. This is because the New York negligence laws directly impact the compensation eligibility and final settlement amounts.
How Comparative Negligence Affects Compensation
To better understand the effect there is on compensation, let’s provide an example:
If the total amount of the damage is $100,000 and the fault of the plaintiff is 30%, then they will receive $70,000 instead of the full amount. Another case that you can imagine is where the plaintiff is found 90% responsible. In this scenario, they can still get the chance to recover 10% damages.
Insurance company's role in assessing fault & settlement negotiations
Another important factor to talk about is the part of an insurance company in the assessment of the fault and settlement negotiations. The adjusters investigate the accidents by analyzing different factors like:
witness statements,
police reports, and
evidence to assign fault percentages.
As New York follows the pure comparative negligence law, insurers may often try to attribute more blame on the plaintiffs. This is because it helps them in reducing payouts. On the other hand, the settlement negotiations include continuous back-and-forth discussions. While this is where insurers can try to offer lower amounts according to their fault assessment, the best thing you can do is to hire a skilled attorney to help you maximize the compensation in these negotiations.
Proving & Defending Against Comparative Negligence Claims
The next essential part in these cases is to know how to defend yourself against comparative negligence claims. You must know how fault affects injury claims in NY as well as gather strong evidence. The plaintiffs and defendants rely on different aspects, including:
witness statements,
surveillance footage,
police reports, and
expert testimony to establish fault.
Defendants often argue about the plaintiff’s actions, such as distracted driving, ignoring warning signs, or unsafe behavior. They want to justify that it contributed significantly to the accident.
Plaintiffs then must collect clear evidence to minimize their fault level. They should also gather secure expert opinions and demonstrate that the negligence of the defendant was the main cause behind the accident.
Why Legal Representation Matters in Comparative Negligence Cases
In comparative negligence cases, legal representation is essential. A personal injury attorney gathers evidence, interviews witnesses, and works with experts to help prove liability and maximize compensation. This allows them to properly demonstrate the defendant’s negligence while minimizing the plaintiff’s fault percentage. Without legal expertise, insurance companies may unfairly assign more blame, reducing settlement amounts.
Attorneys negotiate aggressively to ensure clients receive fair compensation, even if they share responsibility. They also handle court proceedings if a case goes to trial. By navigating legal complexities and countering defense tactics, skilled lawyers help plaintiffs secure the highest possible compensation despite the pure comparative negligence in New York.
Importance of hiring an experienced lawyer in New York personal injury cases
Expertise
Collection of strong evidence
Effective negotiation
Representation in court
Maximized compensation
Conclusion
Ultimately, understanding comparative negligence in New York is crucial as a part of understanding your personal injury or accident case. Even partial fault accident compensation is possible when there is a partial share of the responsibility.
Is seeking professional legal representation the right decision for you? If you have experienced a personal injury case, consult with the Law Offices of Albert Zafonte Jr in New York. We are here to make sure you get the representation you deserve!