If you have been injured due to someone else’s negligence, you are entitled to pursue legal action against the responsible party to recover compensation for endured damages. However, the claims process can be daunting. Many understated how complex personal injury cases can be. That said, it’s important to understand what negligence statute New York follows so you can best prepare for the road ahead. Please continue reading to learn more about these matters and why it’s in your best interest to contact a determined New York City Personal Injury Lawyer who can help you fight for the justice you deserve.
What Negligence Statute Does New York Follow?
Across the United States, every state follows one of two negligence statutes for determining liability in personal injury cases. Only a handful of states follow the contributory negligence model. Under this doctrine, if a victim is found partially at fault for the cause of the accident that caused their injuries, they will face the absolute bar of recovery. This is true even if you are found just 1% at fault for the accident.
The majority of states, including New York, follow the comparative negligence model. This allows an injured party to recover compensation for an injury endured even if they were partially negligent for the cause of the accident. Generally, states will impose a 50% or 51% rule, in which an individual cannot recover compensation if they are half or more than half responsible for the cause of the accident that caused their injuries. In a pure comparative negligence state, a victim is allowed to recover compensation regardless of how much they contributed to the cause of the accident. However, their award will be reduced by their percentage of fault.
How Can This Impact My Case?
The negligence state in New York can influence the outcome of your case, which is why it’s important to understand the steps you must take following an accident. As mentioned above, New York is a pure comparative negligence state. This means that you can still recover compensation if you are partially at fault for an accident. However, the amount of compensation you can receive will be reduced in proportion to your degree of fault. For instance, if a plaintiff is awarded $100,000 in damages and is assigned 20% at fault for the cause of the accident, the compensation would be reduced by $20,000. Therefore, a person can be 99% at fault and still receive 1% of the settlement amount. It’s important to be aware of the steps you must take to protect your legal rights and boost your chances of achieving the best possible outcome.
To maximize your chances of recovering compensation for your losses, please don’t hesitate to contact a dedicated lawyer from James Newman, P.C. Connect with our dedicated legal team today to learn how we can guide you through these complex matters.
