When someone suffers an injury in an accident, understanding how fault is determined and how compensation is awarded is crucial. In New York, the comparative negligence law New York plays a central role in personal injury cases, including car accidents, slip and falls, motorcycle crashes, and more.
At the Law Offices of Steven Gacovino, P.C., we regularly advise clients on how this legal principle affects their claims and what steps to take to protect their rights. This blog provides a clear overview of New York’s comparative negligence law, related statutes, and its impact on accident victims seeking compensation.
What Is Comparative Negligence Law in New York?
Comparative negligence is a legal doctrine that allows injured parties to recover damages even if they were partially at fault for their accident. New York follows a “pure comparative negligence” rule, codified in New York Civil Practice Law and Rules (CPLR) §1411.
This means that a plaintiff’s damages award is reduced by the percentage of their fault, but they can still recover compensation regardless of their level of responsibility. For example, if you were found to be 30% at fault in a motorcycle accident, your compensation would be reduced by 30%, but you would still receive 70% of the damages.
How Does Comparative Negligence Law Impact Accident and Personal Injury Cases?
The comparative negligence law New York significantly affects how accident claims are evaluated and settled. It applies to many types of cases, including:
- Motor vehicle accidents (cars, motorcycles, trucks)
- Premises liability claims (slip and fall accidents)
- Medical malpractice
- Workplace injuries (in some cases)
- Product liability
At the Law Offices of Steven Gacovino, P.C., our experienced lawyers carefully analyze the facts of each case to determine fault percentages. This is essential because the degree of fault directly influences how much compensation an injured party can receive.
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Who Can Sue Under New York’s Comparative Negligence Law?
Anyone injured due to another party’s negligence can bring a lawsuit, even if they share some fault. This includes:
- Drivers injured in vehicle collisions
- Pedestrians hit by vehicles
- Motorcycle riders involved in crashes
- Individuals injured on another’s property
- Patients harmed by medical malpractice
the Law Offices of Steven Gacovino, P.C. represents clients across all these categories. We emphasize that you don’t need to be completely blameless to have a valid claim in New York, thanks to comparative negligence.
How Is Fault Determined in Comparative Negligence Cases?
Fault is typically determined through investigation, evidence review, and sometimes expert testimony. Courts and insurance companies look at factors like:
- Police reports and witness statements
- Accident reconstruction experts
- Surveillance or dashcam footage
- Medical records
- Driver or property owner negligence
At the Law Offices of Steven Gacovino, P.C., we leverage all available evidence to advocate for an accurate and fair assignment of fault, ensuring our clients receive just compensation.
Examples of Comparative Negligence Impact
To illustrate, consider a pedestrian struck by a car while jaywalking. The pedestrian may be assigned 40% fault for not crossing at a crosswalk, while the driver may bear 60% fault for speeding. If damages total $100,000, the pedestrian could recover $60,000 after the fault deduction.
This example shows why having skilled personal injury lawyers in Suffolk County like those at the Law Offices of Steven Gacovino, P.C. is vital to negotiate fault percentages and maximize your recovery.
Compensation Under New York’s Comparative Negligence Law
Damages in personal injury cases can include:
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Emotional distress
- Property damage
The comparative negligence law New York reduces the total damages by the plaintiff’s fault percentage. For instance, if you suffered $200,000 in damages but were 25% at fault, you would receive $150,000.
Our attorneys at the Law Offices of Steven Gacovino, P.C. help ensure all damages are fully documented and argued to achieve the maximum possible award.
Why Choose the Law Offices of Steven Gacovino, P.C.?
Navigating comparative negligence law New York can be complex, especially when insurance companies try to minimize payouts by assigning high fault percentages to injured parties.
At the Law Offices of Steven Gacovino, P.C., we bring:
- Deep knowledge of New York’s negligence laws and court system.
- Aggressive advocacy to reduce your assigned fault.
- Comprehensive case preparation and expert collaboration.
- Compassionate support during a difficult time.
- A proven track record of securing fair compensation for injury victims.
If you or a loved one has been injured in an accident where fault is disputed, contact the Law Offices of Steven Gacovino, P.C. today for a free consultation. We will help you understand your rights under New York’s comparative negligence law and fight to maximize your compensation.
Understanding New York’s comparative negligence law is essential for anyone pursuing a personal injury claim. Because you can recover damages even if partially at fault, it is important to have skilled legal representation.
Our Experienced Attorneys Are Ready To Guide You Through The Claims Process With Expertise And Care
The Law Offices of Steven Gacovino, P.C. offers experienced attorneys ready to guide you through the claims process with expertise and care. Reach out today to protect your rights and secure the compensation you deserve.
Related Links
- Personal Injury Lawyers
- Understanding Pain and Suffering in Personal Injury Cases
- When to Hire a Personal Injury Lawyer After a Car or Truck Accident
- What Medical Records Are Needed for a Personal Injury Claim?
- Preparing for Your Day in Court: Tips for Personal Injury Plaintiffs
- How are Punitive Damages Calculated in a Personal Injury Lawsuit?
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