New York’s comparative negligence statutes can significantly influence the valuation of personal injury claims. Depending on the unique circumstances of the accident, all parties involved may bear some degree of fault. Under the state’s comparative negligence state, an individual’s compensation is directly correlated with their determined share of responsibility for the incident. Understanding the state’s comparative negligence laws is paramount when evaluating legal recourse following an injury. Please continue reading as we explore what you should know about these matters and how our determined Queens Personal Injury Attorneys can help you fight for the compensation you deserve.
What is Comparative Negligence?
Across the U.S., states have historically adhered to the contributory or comparative negligence doctrine. Under the contributory negligence, all-or-nothing rule, if an injured party contributes any amount of negligence to their own damages, they cannot recover any compensation. This is a strict rule that is only used in a few states.
New York is a pure comparative negligence state, which means an injured party can still recover compensation if they are partially at fault for the accident. However, their recovery will be reduced by their percentage of fault. This rule allows for recovery even if you are 99% at fault for the incident, but your award will be diminished proportionally.
Insurance companies often try to exploit victims by using the comparative negligence standard to reduce payouts by assigning as much blame as possible to the injured party. This can involve the insurance adjuster asking leading questions during recorded statements, crafted to shift blame towards you, or exploiting your absence of documentation to dispute the full extent of your losses. To protect your rights, it’s vital to refrain from statements that might be construed as admitting fault and to seek legal counsel.
How Can an Attorney Help Fight Back Against Unfair Fault Assignments?
If you have been injured due to someone else’s negligence in New York, it’s crucial to enlist the help of an experienced Queens personal injury attorney. They can help investigate the circumstances of the incident, collect strong evidence, and negotiate with insurance companies. Adjusters often prioritize their company’s financial interests, which can lead to biased fault assignments. Attorneys are skilled in leveraging evidence to reach a fair settlement. If negotiations fail, they can represent your interests in court.
It should be noted that an attorney can collaborate with specialists, such as accident reconstruction experts, to analyze evidence and offer essential testimony to support your claim. Legal counsel can be particularly beneficial if your case involves a complex accident or disputes.
As you can see, an attorney plays a pivotal role in challenging unfair fault assignments. Their expertise is essential for navigating the intricate legal system and securing a just outcome. At The Law Offices of George Poulos, we are prepared to help you get your life back on track. Connect with our firm today to arrange a consultation.