When you’ve been injured due to someone else’s careless actions, getting compensation might seem like it should be straightforward. However, New York’s comparative negligence law adds a layer of complexity that can significantly impact your outcome, and you’ll need the help of an experienced Queens, NY accident injury lawyer to protect your rights and get you the best result.
Unlike some states, New York follows a “pure” comparative negligence standard. This means even if you were partially at fault for the accident, you can still recover damages. Let’s unpack this further.
Say you were injured in a car crash, and a jury finds that you were 20% responsible while the other driver was 80% responsible. Under comparative negligence laws, your compensation award would be reduced by your percentage of fault. If your total damages were $100,000, you would receive $80,000, then. New York’s system ensures that even those partly responsible for their accident can get the help they need to recover.
That Sounds Great!
On the one hand, it is; however, you can imagine that both insurance companies and defense attorneys will fight hard to assign you the highest possible percentage of fault. That means the smallest payout for them! It’s essential to have an experienced personal injury attorney on your side who can build a strong case to minimize any allegations of shared responsibility and maximize your compensation award.
The comparative negligence rule is significant because any degree of fault can impact your compensation. Even if you were found to be fully 90% at fault, you can still recover 10% of your damages, which is good news.
On the other hand, if you were actually only 10% at fault, but the other side argues you should be considered 25% at fault, this could have an enormous impact on your final settlement. This is where having an attorney to fight for your best interests becomes so important. It’s vital you contact an attorney as soon as possible after an accident so your attorney can get to work immediately protecting you against unfair blame in the accident.
Where It Applies
It’s important to note that comparative negligence applies in a wide array of personal injury cases, from slip and falls to medical malpractice. For example, imagine you slipped and fell in a grocery store due to a spilled liquid. The store owner might argue you weren’t paying attention and were partly at fault. Comparative negligence means a careful evaluation must be done to assess the true percentage of blame falling on each party. Even in the case of medical malpractice, if the other side can convincingly argue that you are partially to blame for aggravating your own injuries by not seeking help faster or not following all medical instructions, you could lose a lot.
Beyond just your final monetary award, comparative negligence impacts the entire claims process. Insurance adjusters use it as a bargaining tactic, downplaying their policyholder’s role in the accident to pressure you into accepting a lower settlement. A skilled attorney understands these strategies and will protect you from unfair tactics.
Call an Experienced Queens, NY Accident Injury Lawyer Now
There’s too much at stake to risk going it alone. Contact us at Bardizbanian & Associates, P.C. in Queens, NY now for a free consultation.
Connect with us
