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If you have been injured in an accident, one of the first questions you may have is who was at fault. While you may have been partially responsible, someone else’s negligence may have caused the accident.
That is where New York’s comparative negligence rule comes in. It affects the compensation you can recover, and understanding how it works is essential as it can inform how you approach your personal injury claim.
New York’s Pure Comparative Negligence Rule
New York follows a pure comparative negligence system. This means that you may still recover damages even though you were partially at fault for the accident. Unlike many other states, there isn’t a cutoff point that bars recovery completely. In other states, once you cross a 50% or 51% fault threshold, you recover nothing.
On the other hand, New York does not impose that kind of limit. Even if you were found 99% at fault, you may still recover 1% in damages.
For example, if your total damages are $100,000 but you were found 40% responsible, your compensation will be reduced by 40%, bringing your recoverable amount to $50,000. And if you were found 80% at fault, you may still recover the remaining 20%.
However, comparative negligence has been recently modified for car accident cases. Under the new law, in an action to recover damages for personal injury in auto cases, you are barred from recovery if your culpable conduct is greater than the culpable conduct of the person against whom recovery is sought or greater than the combined culpable conduct of the persons against whom recovery is sought.
This means New York has moved to a modified comparative fault model for no-fault threshold personal injury cases arising out of motor vehicle accidents. If you are more than fifty percent at fault (51% or greater), recovery is barred. If you are fifty percent or less at fault, recovery is not barred, but damages are reduced accordingly.
How Fault Works in Personal Injury Law
In a personal injury case, fault is not assumed. Instead, it is evaluated. Insurance companies, attorneys, and sometimes a jury look at what each party did leading up to the accident. This involves reviewing evidence such as accident reports, witness statements, photos, and expert opinions.
Based on the evidence, each party is assigned a percentage of responsibility for the accident. Once those percentages are determined, your total damages are reduced by your share of the fault.
Note that in New York, you usually have three years to file a personal injury lawsuit. Many personal injury cases settle without going to trial, but not all of them.
When Does Comparative Negligence Apply?
Pure comparative negligence is used in states like New York, California, and Florida. Most states using comparative negligence categorize it as pure or modified comparative negligence.
Comparative negligence may apply in various types of personal injury cases, including:
- Construction accidents
- Slip and fall cases
- Medical malpractice
- Product liability
- Premises liability
- Wrongful death claims
Why Fault Matters
Comparative negligence significantly affects how much you can recover. The higher your percentage of fault, the lower your compensation. That is why fault is often disputed. New York requires no-fault insurance covering up to $50,000, and insurance companies often try to shift as much blame as possible onto you to reduce what they have to pay.
That is why you need an experienced personal injury attorney from the very start. An experienced attorney can ensure that what you say after the accident and how your case is presented does not negatively affect the outcome. Additionally, they can help minimize the blame placed on you, maximizing the compensation you receive ultimately.
Tips to Maximize Both Your Economic Damages and Non-Economic Damages
In personal injury cases, economic damages can include hard costs, like medical expenses and lost wages. Non-economic damages compensate for things like pain and suffering, and punitive damages, while harder to get, are meant to punish defendants for gross negligence. Here are a few tips to help you get the most out of your claim:
- Report all your accident expenses and medical bills in detail, even if you are assigned a percentage of fault
- Avoid admitting fault at the accident scene, such as apologizing to the other party or saying you “should have” done something to prevent the accident
- Provide evidence showing you weren’t at fault
- Hire an experienced personal injury lawyer to communicate on your behalf and represent you in court, if necessary.
Contact Our New York Personal Injury Lawyers for Experienced Legal Help Today
If you or a loved one was involved in an accident, contact our experienced New York City personal injury attorney at the Monarch Law Group today to evaluate your case and help you seek compensation for your injuries and damages.
