New York follows a comparative negligence rule in personal injury cases, meaning that even if you are partially at fault for an accident, you may still be eligible for compensation. However, your compensation will be reduced based on your percentage of fault.
At Landry Legal, PLLC, we help injury victims in New York understand their rights and maximize their compensation despite shared fault. Here’s how the state’s comparative negligence law works and what it means for your case.
What Is Comparative Negligence in New York?
New York follows a pure comparative negligence system. This means that:
✔ You can still recover damages even if you are 99% at fault for an accident.
✔ Your compensation will be reduced by your percentage of fault.
✔ The at-fault party can argue that you contributed to the accident to reduce their payout.
🚨 Example:
Let’s say you were injured in a car accident, and your damages total $100,000. If you are found to be 30% at fault, your compensation will be reduced by 30%, meaning you can recover $70,000 instead of the full amount.
How Comparative Negligence Impacts Different Personal Injury Cases
New York’s comparative negligence law applies to various types of injury cases, including:
✔ Car Accidents: The other driver may claim you were speeding or distracted, even if they caused the crash.
✔ Slip and Fall Accidents: Property owners may argue that you weren’t paying attention or ignored warning signs.
✔ Workplace Injuries: If an employer disputes liability, they may claim your own actions contributed to the accident.
✔ Medical Malpractice: A doctor or hospital may try to shift blame by arguing that a patient failed to follow medical advice.
🚨 Insurance companies often try to exaggerate a victim’s fault to minimize payouts. Don’t let them reduce your rightful compensation!
How to Protect Your Personal Injury Claim in New York
✅ Gather Strong Evidence: Photos, medical records, and witness statements can help prove the other party’s fault.
✅ Be Careful with Insurance Adjusters: Anything you say may be used against you to assign you more blame.
✅ Hire a Personal Injury Lawyer: An attorney can fight back against unfair fault assignments and maximize your compensation.
Injured in New York? Get the Compensation You Deserve
If you were injured in an accident, don’t let comparative negligence rules prevent you from getting the compensation you need. At Landry Legal, PLLC, we fight for injury victims and help them recover the maximum amount possible—even if they share some fault.
📞 Call us today at 888-914-0011 or email us at contact@landrypllc.com for a free consultation.
