The Role of Comparative Negligence in New York Personal Injury Cases
If you’ve been injured in an accident in New York, understanding the concept of comparative negligence can be crucial for your personal injury case. This legal principle can significantly impact the amount of compensation you may receive for your injuries. At Dupée & Monroe, P.C., our experienced Goshen personal injury lawyers are well-versed in navigating the complexities of New York’s comparative negligence laws and are committed to helping injury victims in Orange County and the Hudson Valley secure the full amount of compensation they deserve. If you’ve been hurt because of the negligence of another, trust your claim to the experienced and dedicated New York personal injury lawyers at Dupée & Monroe in Goshen.
Understanding Comparative Negligence in New York
Comparative negligence, also known as comparative fault, is a legal doctrine used in personal injury cases to determine the level of responsibility each party holds in an accident. Every state approaches comparative fault differently. In some states, an injury victim’s negligence can defeat their claim entirely if they are more than 50% at fault. In other states, one’s negligence can keep them from recovering compensation if they are 50% or more to blame. And in a small minority of jurisdictions that follow a “contributory negligence” rule, any degree of fault at all on the plaintiff’s part can bar recovery
In contrast to those states that use contributory negligence or some modified comparative fault law, New York follows a pure comparative negligence law that allows injured parties to recover damages even if they are partially at fault, and even if their share of blame is greater than the other party’s. However, if successful in their claim, the plaintiff’s award will be reduced in proportion to the amount of fault assigned to them.
Here are a couple of examples. In a New York personal injury case, the jury or judge will assess the degree of fault attributable to each party involved in the accident. For example, if you were involved in a car accident and found to be 30% at fault because you were speeding, while the other driver was 70% at fault for running a red light, your compensation would be reduced by your percentage of fault. So, if your total damages were $100,000, you would be entitled to recover $70,000 (i.e., $100,000 minus 30%). If, on the other hand, you were found to be 70% at fault, you could still recover $30,000, representing the other driver’s 30% share of responsibility in causing the crash.
Impact of Comparative Negligence on New York Personal Injury Claims
The concept of comparative negligence underscores the importance of thorough investigation and evidence gathering in personal injury cases. It is essential to build a strong case that accurately portrays the events leading to the accident and minimizes your degree of fault. This can include gathering eyewitness testimony, obtaining surveillance footage, and working with accident reconstruction experts.
Equally important is being represented by an experienced personal injury attorney who knows the law, understands the facts of the case, and can stand up to the insurance company and effectively rebut any claims they may make that you were more at fault than is supported by the facts. Insurance companies want to minimize your payout, but your attorney works for you and wants to get you the maximum amount available. Through negotiations and litigation if necessary, the attorneys at Dupée & Monroe, P.C., fight to ensure that our clients get the compensation they need and deserve, holding the other party fully accountable for the harm they have caused.
Get Help From Dupée & Monroe After a Personal Injury in New York
If you or a loved one has been injured in an accident in New York, it is crucial to seek legal representation from an experienced personal injury law firm that is well-equipped to handle the intricacies of comparative negligence and will work tirelessly to ensure that you receive fair compensation for your injuries. In Orange County and throughout the Hudson Valley, call Dupée & Monroe, P.C. in Goshen at 845-294-8900 for a free consultation, and let us help you navigate the legal process with confidence.
