Principal Attorney
In personal injury cases, determining fault and liability is crucial for securing compensation for damages. However, what happens when multiple parties share responsibility for an accident? In New York, the legal principle of comparative negligence comes into play.
What is Comparative Negligence?
Comparative negligence is a legal doctrine used in personal injury cases to allocate fault and determine the proportion of damages that each party is responsible for. Under comparative negligence, the court considers the degree of fault attributable to each party involved in the accident. Unlike contributory negligence, which bars recovery if the plaintiff is even slightly at fault, comparative negligence allows plaintiffs to recover damages even if they are partially responsible for the accident.
How Does Comparative Negligence Work in New York?
New York follows a specific form of comparative negligence known as “pure comparative negligence.” This means that even if the plaintiff is found to be mostly at fault for the accident, they can still recover damages from other at-fault parties, although the amount of compensation awarded will be reduced in proportion to their percentage of fault.
For example, if a plaintiff is found to be 20% at fault for a car accident and the total damages amount to $100,000, their compensation would be reduced by 20%, leaving them with $80,000.
Implications for Your Case Outcome
Understanding comparative negligence is essential because it can significantly impact the outcome of your personal injury case. If you are found to share fault for the accident, it may affect the amount of compensation you are entitled to receive. Defendants and insurance companies often use comparative negligence as a defense strategy to minimize their liability and reduce the amount of damages they are required to pay.
The Attorneys at Civardi & Obiol Fight to Recover 100% Liability for You
Navigating the complexities of comparative negligence and defending against claims of shared fault requires the expertise of a skilled personal injury attorney. An experienced attorney can investigate the circumstances of the accident, gather evidence, and build a strong case to establish liability and maximize your compensation.
If you’ve been injured in an accident, don’t hesitate to seek legal guidance from a knowledgeable personal injury attorney who can advocate for your interests and help you navigate the complexities of the legal system.
At Civardi & Obiol, our qualified New York personal injury attorneys will help to walk you through the process every step of the way. We will fight for your rights – and those of your child. To learn more or schedule a free consultation, contact us today.