What Does New York Being a ‘Comparative Negligence’ State Mean?

If your injuries were caused by another person’s negligent behavior, you have the right to seek compensation to cover the cost of your medical bills and other expenses, even if you bear some responsibility for the accident. It’s important to find an experienced New York City personal injury attorney who will build a strong case to help you get the best possible settlement.

Understanding Personal Injury Laws and Comparative Negligence in NYC

Personal injury is the area of the law where an individual seeks damages for injuries caused by another person’s negligent behavior. Damages refers to a monetary award that’s provided as compensation for injuries or the loss of property.

Personal injury claims and lawsuits may result in damages for injuries caused by vehicle collisions, slip and fall incidents, workplace injuries, and other accidents. Damages may include medical bills, pain and suffering, lost wages, and other expenses caused by the accident.

New York State follows a pure comparative negligence rule in personal injury cases. Under this law, a person who is partly responsible for an accident can still seek damages from other liable parties. For example, let’s say that David was speeding while also reading a text on his cell phone when he crashed into a pedestrian named Walter. Under these circumstances, it’s reasonable to argue that David is liable for Walter’s injuries.

But what if Walter wasn’t using a crosswalk when the accident occurred? In that case, the court may determine that Walter is partially liable for his own injuries. Under the concept of comparative fault, a jury may decide that David is 65 percent responsible for Walter’s injuries, and Walter is 35 percent responsible. If the court awards Walter $1 million in damages, then the amount he receives would be reduced by 35 percent, and Walter would end up receiving $650,000.

How Comparative Negligence Affects Settlement Negotiations

If you were injured due to another party’s negligent behavior, you have a right to file a claim with their insurance company seeking compensation. The insurance company will frequently respond by making a lowball offer that isn’t nearly enough to cover your expenses. In these cases, your personal injury lawyer can represent you and negotiate to get you a better settlement.

Disputes regarding comparative negligence often play a pivotal role in settlement negotiations for personal injury cases. The defendant will try to reduce their liability by arguing that the plaintiff’s actions contributed to the accident. Defendants will scrutinize the plaintiff’s behavior, aiming to prove negligence on the plaintiff’s part.

Another common strategy used by defendants and insurance companies in personal injury cases is to question the severity of the plaintiff’s injuries. They could also argue that your injuries were pre-existing and not a direct result of the accident.

Your NYC Personal Injury Attorney Can Build a Strong Case

To effectively counter comparative negligence defenses, your personal injury lawyer will present evidence that minimizes your degree of fault. This begins with a thorough investigation of the accident that includes gathering evidence such as witness statements, medical records, accident scene photos, physical evidence, and surveillance camera videos.

An experienced personal injury attorney will present evidence that effectively supports your case in court. Your medical records are essential for establishing a direct link between the accident and the injuries you have sustained. That’s why it’s important to see a doctor right away after an accident and save records for all your medical appointments and the treatments you receive. Keeping a journal to record your experiences can be very helpful.

Your lawyer will highlight the defendant’s negligence. This may include behaviors such as speeding, running a red light, driving while intoxicated, ignoring complaints about unsafe conditions, failing to inspect property, and failing to remove hazards in a timely fashion.

Gathering evidence is critical in personal injury cases, especially when dealing with comparative negligence. Providing solid evidence can significantly influence the level of compensation you may receive. Expert testimony from accident reconstruction specialists, medical professionals, and others can provide detailed analyses that strengthen your case.

How Our New York City Personal Injury Attorneys Can Help You Win

For over 50 years, the personal injury law firm Wingate, Russotti, Shapiro, Moses & Halperin, LLP, has been helping accident victims in New York City. In fact, we’ve won over $1 billion for our clients. WRSMH has also been recognized by the independent rating agency Super Lawyers for providing outstanding service to our clients, and our attorneys hold an AV Rating from Martindale-Hubbell.

Schedule a FREE consultation with our personal injury lawyers in New York City by calling (212) 986-7353 today.