Be prepared to fight a comparative fault argument

On Behalf of | Jul 5, 2021 | Injuries |

If you’re struggling in the aftermath of a car accident, then you’re probably considering your legal options. Pursuing a personal injury lawsuit is often the best option for finding accountability and recovering compensation. A lot of the effort here is proving liability. However, you shouldn’t overlook what the defense is probably going to argue: comparative fault.

An overview of New York’s comparative fault law

Under New York law, you can recover compensation even if you’re partially at fault for a car accident. However, if you are found to be at fault to any extent, then your recovery will be reduced by the amount of fault that’s allocated to you. Therefore, a $100,000 award can be reduced to $40,000 if you’re found to be 60% at fault for the wreck in question. This reduction can leave you struggling to make ends meet as you deal with medical expenses and lost wages.

What to defend against when facing comparative fault claims

Preparation is key in any legal case, but it can be especially crucial in instances where comparative fault is raised. Here, you’ll want to think about every action that the defense will scrutinize, including whether you were distracted, following too closely, or speeding. Then, you’ll want to think of ways to either fight back against those arguments or minimize the impact that they have on a finding of fault. To do so, you need a firm understanding of the facts, prepare your witnesses, and even depose the other side’s witnesses. An accident reconstruction may also be helpful.

Do you need help with your legal claim?

We know that facing legal challenges can be especially overwhelming when you’re just trying to get by day-to-day and focus on your recovery. That’s why skilled legal teams like ours are here to help. If you’d like to learn more about what a strong legal advocate can do for you and your claim, then conduct some research and reach out to the firm that you think is best for you.