When a person is injured due to someone else’s negligence, they may seek compensation for their damages. However, in New York, the legal principle of comparative negligence can impact the amount of compensation an injured party receives.
Understanding how comparative negligence in NY works is crucial when pursuing a personal injury damages claim, and an experienced NYC injury lawyer can help navigate these complex legal waters.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine used to assign fault when multiple parties share responsibility for an accident. Under New York law, the state follows a pure comparative negligence system, meaning that an injured party can still recover damages even if they are partially at fault for the accident. However, the amount of compensation is reduced by their percentage of fault.
For example, if a pedestrian is hit by a speeding driver but was jaywalking at the time, a court may determine that the pedestrian was 30% at fault while the driver was 70% at fault. If the pedestrian’s total damages amount to $100,000, they would receive $70,000 after the 30% reduction.
How Comparative Negligence Impacts Personal Injury Cases
In car accidents, slip and fall cases, and medical malpractice claims, the defense often argues that the plaintiff contributed to their own injuries to reduce their financial liability. Insurance companies frequently leverage comparative negligence to limit payouts, making it critical to have an experienced NYC injury lawyer advocate for your best interests.
Some factors that may influence comparative negligence determinations include:
- The actions of both parties leading up to the accident
- Eyewitness testimony
- Video footage or photographic evidence
- Expert witness analysis
About the Firm
As a full-service personal injury firm, Sullivan Papain Block McManus Coffinas & Cannavo P.C.. specializes in all areas of personal injury. Our dedicated litigation support teams diligently and vigorously represent clients, including matters related to 9/11-related illness, personal injury, car accidents, construction accidents, medical malpractice, premises liability, product liability, and firefighter law. across New York City, Long Island, Nassau, and Suffolk counties, as well as New Jersey. To learn more about our firm or schedule a consultation with an attorney, contact us today.