Managing Partner
Not all personal injury cases are black and white in terms of liability. In many situations, the victim shares some degree of responsibility for causing the accident. If this is true then the doctrine of comparative negligence will prove relevant to the victim’s recovery.
Understanding comparative negligence is essential to having a realistic estimate of your available compensation. It will also inform your legal strategy. Find out how the New York personal injury firm of Dell & Dean PLLC can handle this aspect of your case.
What Is Comparative Negligence?
When an at-fault party is completely responsible for causing an accident, they are liable for 100% of the victim’s damages. These include medical bills, lost wages, pain and suffering, and more. Sometimes, however, the victim is partially liable.
For example, assume that the at-fault driver in a car crash was speeding. However, the victim of the accident made an illegal left turn just prior to impact. Both were negligent, but the important question is to what degree.
Since both parties were to some extent responsible for the accident, a jury will compare their negligence (hence the term comparative negligence) and determine how liable the victim was. The victim’s percentage of liability will reduce the amount of compensation they receive.
Using the above example, suppose the jury assigns 30% liability to the victim. The total amount of damages would have been $100,000. However, this is reduced by 30% ($30,000), netting $70,000 to the victim.
New York’s Comparative Negligence Rule
New York uses what is called pure comparative negligence. This means that even if the victim is up to 99% liable for the accident, they can still win compensation. Of course, the amount will be very low and the at-fault party could sue them if the victim caused them injury.
Modified comparative negligence is more common. In the states that follow this rule, the victim is cut off from receiving any compensation if their liability exceeds 50% or 51%.
How Comparative Negligence Affects Your Case
Comparative negligence creates an obvious incentive for the at-fault party to try to shift as much blame as possible to the victim. The insurance company and lawyers that represent the at-fault party will therefore look for evidence that the victim was negligent.
This, in turn, will affect negotiations and case strategy. You will need to obtain strong evidence of the at-fault party’s wrongdoing and be prepared to refute claims that you were negligent. You should be ready for the insurer to make low settlement offers or deny the claim entirely.
Our New York personal injury attorneys are well-versed in comparative negligence issues. When you retain us to represent you, we get to work by:
- Thoroughly investigating the facts: This is an important step in not only understanding how the accident happened but who was responsible for it.
- Gathering the evidence: We will gather evidence that proves the at-fault party’s liability and negates or minimizes any liability on your part.
- Determining a fair value of your losses: You will want to maximize your compensation anyway, but especially if the at-fault party is trying to reduce it.
- Effectively negotiating for you: We fight back against the insurers who try to undervalue our clients’ losses.
- Refuting arguments for shared liability: Moreover, we do what we can to disprove any arguments that the victim was somehow responsible for the accident.
- Taking your case to court: If necessary, we will take your case in front of a jury, contest any arguments for comparative negligence, and work for the lowest possible percentage of fault to be assigned to you.
Maximizing Your Compensation After an Accident
Were you injured in an accident and have concerns about the amount of compensation you will receive? It’s time to find out why so many New York personal injury victims trust the team at Dell & Dean PLLC. Give us a call or complete our online contact form to learn more.
