- New York has a pure comparative negligence law, so you can collect compensation even if you were mostly at fault for your injuries.
- The percentage of blame you hold reduces your compensation proportionately.
- An experienced personal injury attorney can assist in collecting evidence and fighting for compensation based on a fair assignment of fault.
Comparative negligence, also known as comparative fault, is a legal principle that courts and insurance companies use to assign liability to parties in personal injury claims. Comparative negligence laws can be different from state to state. New York courts and insurance companies use a pure comparative negligence system to determine how much compensation you can collect for your personal injury claim.
Learn more about comparative negligence laws and the evidence you need to reduce fault and maximize compensation from our accomplished New York car accident attorneys.
Pure Comparative Negligence Explained
Under New York’s pure comparative negligence law, individuals injured in accidents can receive compensation as long as they are not 100% at fault. In contrast, states that follow modified comparative negligence laws prevent individuals from recovering damages if they are found to be 50% or 51% or more at fault, depending on the state.
New York’s pure comparative negligence system favors injured parties because it allows them to seek financial recovery even if they are mostly at fault.
For example, if the total damages from a car accident amount to $10,000 and Person A is 70% at fault while Person B is 30% at fault, Person A can still recover 30% of their damages. This system ensures that victims are protected and can obtain compensation even when they share some responsibility for their injuries.
How Comparative Negligence Works in New York
In most personal injury cases, insurance companies or courts determine the percentage of fault assigned to the parties involved. These determinations of fault are based on the specific facts of each case and can range from zero to 100% liability. Factors that influence how insurance companies and courts determine the percentage of fault assigned to each party involved in a personal injury case include:
- Incident reports, police reports, videos, photos, and other evidence
- Statements from witnesses about the incident or the factors that caused the incident
- Expert reports, including reconstructions or long-term medical cost calculations
Examples of Comparative Negligence in Action
The specific circumstances of each case determine the distribution of fault in personal injury claims in New York. An action in one type of claim may lead to minimal liability, while that same action in another could lead to significant contributory negligence.
For example, a victim looking down at their phone instead of watching for hazards could make them 20 percent liable in a slip-and-fall case. On the other hand, in a car accident claim, looking down at your cell phone while driving could make you 100 percent liable for the crash.
Insurance companies or courts may decide your injuries are partially your own fault, even if someone else caused the incident that led to them. For example, in a New York helmet law case, if you were not wearing a helmet, you could be partially at fault for your own injuries, and your compensation could be reduced.
“…There would be an apportionment of fault as to what your damage or your recovery could be if you weren’t wearing that helmet, because those injuries would have never occurred had you been wearing that helmet. And you’re creating a big uphill battle for yourself by not following the laws.” – Sameer Chopra
Can I Sue for Pain and Suffering in a Comparative Negligence Case in New York?
Yes, you can sue for pain and suffering in a comparative negligence case, but your compensation will be reduced according to your percentage of fault. In New York, the comparative negligence rule applies to economic damages like medical bills and lost wages, and non-economic damages like pain and suffering. However, you must meet the state’s serious injury threshold to pursue non-economic damages.
Serious Injury Threshold
Under New York’s serious injury threshold, you can file a car accident lawsuit only if your economic losses exceed $50,000 or you have suffered a “serious injury.” Qualifying injuries include fractures, dismemberment, or a permanent loss or limitation of an organ, limb, or body function.
If your injuries do not meet this definition and your total losses are less than $50,000, you cannot sue the at-fault driver. Instead, you must seek compensation through your Personal Injury Protection (PIP) insurance, which covers medical expenses and lost wages regardless of fault. However, PIP does not provide compensation for pain and suffering or emotional distress.
If you qualify to pursue a claim for pain and suffering, you must show evidence of how your injuries affect your life. Documentation may include medical records, doctor’s notes, psychiatric evaluations, and testimony from friends or family about your condition and limitations.
What if Multiple Parties Are at Fault in a New York Car Accident?
In New York, the pure comparative negligence rule applies no matter how many parties share responsibility for a car accident. Each party is assigned a percentage of fault, and that same percentage reduces their compensation.
For example, if three cars are found responsible for an accident and the court assigns fault as 50 percent to Car A, 30 percent to Car B, and 20 percent to Car C, each driver’s compensation will be reduced by their percentage of fault. In this case, the driver of Car A could recover 50% of their damages, Car B could recover 70 percent, and Car C could recover 80 percent.
Determining who is at fault in a multi-vehicle accident can be challenging. At Chopra & Nocerino, our attorneys are dedicated to advocating for you and securing the best possible outcome for your case. With hundreds of millions recovered in verdicts and settlements for our clients, we fight to ensure you receive full and fair compensation for your losses.
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Are There Any Exceptions to the Pure Comparative Negligence Rule in New York?
New York’s pure comparative negligence rule does not apply in certain situations, including the following:
- Strict liability: The pure comparative negligence rule does not apply to strict liability cases because strict liability holds a party responsible for injuries or damages regardless of fault or negligence. In contrast, the pure comparative rule applies in cases where liability is based on negligence.
- Workers’ compensation: The comparative negligence rule does not apply to workers’ compensation because it does not consider fault. Employees injured on the job are entitled to benefits regardless of who caused the accident.
- Intentional torts: Because intentional torts involve deliberate or willful actions, New York’s pure comparative negligence rule does not apply to them. The rule only applies to cases based on negligence, not intentional wrongdoing.
Our lawyers have extensive experience with New York’s personal injury laws, including how the pure comparative negligence rule applies to different cases. We offer free consultations so you can understand your legal rights and options without any financial pressure. Contact us today for a free, no obligation case evaluation.
Impact on Your Personal Injury Claim
Comparative negligence determinations can significantly impact your compensation in a personal injury case. With every percentage of fault that an insurance company or court assigns, you can reduce the potential damages you can recover.
Proving the other party’s negligence while minimizing your own fault is important in a personal injury case. This can help maximize your compensation. You may need to challenge unfair claims that you contributed to your injuries or demonstrate that your actions had less impact than the other party’s actions.
How To Protect Your Claim
You may be wondering what to do immediately after a car accident to protect your right to the compensation you need to recover and strengthen your claim. Actions you can take include:
- Gather evidence: Collect photos, videos, and witness contact information. Organize your medical records, police reports, and other evidence that affects liability and damages.
- Seek medical attention: Even if you don’t get emergency care, you may have injuries that don’t show right away. Delaying medical care may allow insurance companies to downplay your injuries.
- Consult a personal injury attorney: An experienced New York personal injury lawyer can evaluate your claim and gather information that may be difficult for you to obtain. For example, trucking companies usually keep black box data, driver logs, and vehicle maintenance records, all of which can be essential to a truck accident case. In a slip and fall claim, the property owner may have the only video recording of your accident.
If you delay getting legal help, you may miss your chance to file a claim. The New York statute of limitations for personal injury cases is usually three years after the date of your accident. When the other party in your claim is a state or government agency, you have only one year and ninety days to file a notice of claim against a government entity.
Maximize Your Compensation With Chopra & Nocerino, Your Personal Injury Advocates in New York
Our New York injury lawyers have over 20 years of combined experience fighting for compensation for accident victims. We help guide clients through the insurance and legal process for all accident claims.
The legal team at Chopra & Nocerino are real New Yorkers who stop at nothing to defend our clients and ensure their bills are paid. Contact us online or call (855) NYC-HURT today for a free consultation.
