What is Comparative Negligence in New York Personal Injury Law?
In New York, comparative negligence is a legal doctrine used to determine the amount of compensation a plaintiff can recover in a personal injury case when they are partially at fault for the accident. Governed by New York Civil Practice Law & Rules (CPLR) Section 1411, the rule allows an injured party to recover damages even if they share some level of responsibility for the accident. However, their compensation will be reduced by their percentage of fault.
For example, if a plaintiff (the injured victim) is found 30% responsible for a car accident and the total damages amount to $1 million, the plaintiff can still recover $700,000, reflecting the 70% of fault attributed to the other negligent party or parties involved.
New York's Pure Comparative Negligence System
New York follows a pure comparative negligence system. This means that an injured party can recover compensation even if they are found to be mostly at fault for the accident. Unlike other states with modified comparative negligence rules (which may bar recovery if the plaintiff is more than 50% at fault), New York imposes no such threshold.
A plaintiff who is 99% at fault can still recover 1% of the total damages in New York. This system ensures that injured parties are not completely barred from receiving compensation for their injuries and losses, even if they played a significant role in causing the accident.
How Comparative Negligence Works in New York
Comparative negligence comes into play in various personal injury cases, including car accidents, slip and falls, construction accidents, and medical malpractice. Here’s how it generally works:
- Determination of Fault: During the legal process, the court or insurance adjuster evaluates the actions of all parties involved to determine the percentage of fault for each.
- Reduction of Damages: Once the percentage of fault is established, the plaintiff's total compensation is reduced accordingly.
- Multiple Defendants: If there are multiple defendants, comparative negligence can also determine how much each defendant is responsible for paying.
- Trial by Jury: In a jury trial, the jury assigns percentages of fault to all parties. The judge then reduces the plaintiff’s damages by their percentage of fault.
Common Scenarios Where Comparative Negligence Applies
- Car Accidents: A driver who was speeding but was hit by another driver running a red light might be deemed partially responsible for the collision.
- Slip and Fall Accidents: If a plaintiff failed to notice a warning sign on a wet floor but the property owner negligently left the hazard for an extended period, fault may be divided.
- Construction Accidents: A worker who disregarded safety protocols but was injured by a contractor’s negligence may still recover damages under comparative negligence principles.
Challenges in Comparative Negligence Cases
While New York’s pure comparative negligence system allows plaintiffs to recover damages even if they are largely at fault, it can also lead to complications:
- Disputes Over Percentages of Fault: Defendants and their insurers often argue to increase the plaintiff’s percentage of fault to minimize their own liability.
- Complex Liability: In cases involving multiple defendants, determining each party’s share of fault can be legally complex.
- Insurance Tactics: Insurance companies may use comparative negligence to reduce or deny payouts by claiming the plaintiff bears more responsibility than they actually do.
Defendants and Insurance Companies Will Attempt to Limit Their Liability Using Comparative Negligence Law
Defendants and insurance companies in New York may attempt to exploit the comparative negligence doctrine rule to minimize their financial liability by unfairly shifting blame to the injured party. In every personal injury case, their primary goal is to reduce the percentage of fault assigned to them, thereby limiting the amount of compensation they must pay.
For example, in a car accident claim, an insurer may argue that the injured driver was speeding or distracted, even if the primary cause of the crash was the defendant running a red light. Similarly, in a slip and fall case, property owners may claim the victim was not paying attention or failed to wear proper footwear, despite their own failure to fix a known hazard. These arguments, often made without substantial evidence, are designed to confuse or discredit the injured victim’s claim.
Common Tactics Used by Insurance Companies and Defendants to Escape Liability for Your Injuries
Insurance companies and defendants may employ several strategies to shift full or partial blame to the injured victim, such as:
- Disputing the Victim’s Actions: They may claim the plaintiff acted recklessly, ignored warnings, or failed to take reasonable precautions.
- Questioning Credibility: Insurers may scrutinize the victim’s testimony or point to inconsistencies in their account of events to undermine their credibility.
- Citing Pre-Existing Conditions: In injury claims, they may argue that the plaintiff’s injuries existed before the accident and were not caused by the defendant’s actions.
- Minimizing Negligence: Defendants might downplay their role, arguing that the accident was inevitable or that the victim’s negligence outweighed their own.
These tactics are designed to reduce the damages payable to the victim or even avoid liability altogether.
How an Experienced New York Personal Injury Attorney Counters These Tactics to Recover Full Compensation for You
A skilled personal injury attorney will fight back against unfair blame-shifting and ensure the liable parties are held accountable. By utilizing legal expertise and evidence, an attorney can dismantle these tactics and establish full or majority liability on the part of the defendant.
Conducting a Thorough Investigation
An experienced attorney will begin by conducting a detailed investigation into the accident. This includes:
- Collecting police reports, surveillance footage, and photographs of the scene.
- Interviewing eyewitnesses to corroborate the victim’s version of events.
- Reviewing medical records to document the injuries and their direct connection to the accident.
A robust investigation ensures there is ample evidence to counter false claims from defendants and insurers.
Preserving Critical Evidence
To prevent defendants from altering or destroying evidence, attorneys may issue a spoliation letter or seek a court order requiring the preservation of relevant materials. For instance, in a construction accident, this could include safety logs, equipment maintenance records, or worker training documents.
Engaging Experts to Strengthen the Case
Personal injury attorneys may work with experts, such as:
- Accident Reconstruction Specialists: To recreate the events leading to the accident and demonstrate the defendant’s negligence.
- Medical Experts: To confirm that the injuries were caused by the accident and not a pre-existing condition.
- Safety Consultants: To highlight violations of OSHA or industry standards.
These expert opinions and reports provide objective and persuasive evidence to refute baseless arguments by the defense.
Building a Strong Liability Argument
Attorneys focus on establishing that the defendant’s actions were the primary cause of the accident. By demonstrating the defendant’s negligence (e.g., reckless driving, failure to maintain safe premises, or OSHA violations), they can shift the majority of the fault back onto the liable party.
Negotiating Aggressively with Insurers
Insurers are motivated to settle for less than the full value of an injury claim. A skilled and experienced New York City personal injury attorney will not accept lowball offers. Instead, they will use the evidence to negotiate aggressively, ensuring the victim is compensated fairly for their medical expenses, lost wages, and pain and suffering.
Preparing for Trial from the Outset
Defendants and insurers are more likely to make fair settlement offers when they know the plaintiff’s attorney is prepared to take the case to court. An attorney who is trial-ready from day one can use this leverage to push for maximum compensation.
The Importance of Legal Representation
Dealing with the complexities of New York’s comparative negligence law requires a knowledgeable and experienced attorney. Without proper legal representation, injured victims risk falling prey to insurance company tactics designed to reduce or deny compensation. A dedicated attorney ensures that all evidence is gathered, all liable parties are identified, and that the victim’s rights are protected every step of the way.
Maximize Your Compensation with Our New York Personal Injury Lawyer
When it comes to fighting for your rights after a serious accident, Michael S. Lamonsoff, “The Bull,” stands unmatched as New York’s leading personal injury attorney. Known for his relentless pursuit of justice, Michael has earned his reputation by never backing down against powerful insurance companies and negligent defendants.
With an aggressive, client-focused approach, he has recovered millions for injured victims and their families. If you want a legal powerhouse who will fight tooth and nail to recover the maximum compensation you are owed, Michael S. Lamonsoff is the only choice. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.