Contributory Negligence

Negligence in New York

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Negligence in New York

When you’re pursuing compensation for injuries you suffered in an accident, an essential part of the process is proving who was at fault for what happened. This is the legal concept of negligence.

Negligence is the failure of a person to act in a reasonable manner that leads to the harm of another person. When it comes to accidents, one of the parties involved in the accident is typically going to be the most responsible.

To collect significant financial compensation, you must prove that the other party was more responsible than you were for the accident that injured you.

Negligence is a standard that has to be proven in accordance with state-specific laws. New York follows the doctrine of pure comparative negligence.


Pure Comparative Negligence in New York

New York recognize pure comparative negligence/fault. The simplest definition of pure comparative fault is that a person may collect damages even if he or she is found to be 99 percent responsible for the accident. In other words, no matter how responsible the other party was, if somebody is injured in an accident, he or she may be able to collect damages.

For example, if a person is driving significantly over the speed limit and gets into a wreck, he or she may be found to be up to 90 percent responsible for causing the accident. However, this person could still collect 10 percent of the financial award associated with the case if the other driver acted negligently.


Limitations Under Pure Comparative Fault

Naturally, there are limitations to how much a person can collect. In New York, the amount of damages a person can receive is limited by the party’s actual degree of fault. Taking the example of the speeding driver, this driver would only be able to collect damages for the percentage that he or she was not responsible for what happened.

If the driver was found 90 percent at fault, he or she could not seek to collect a monetary judgement for more than 10 percent of the value of the damages. If the jury found that the financial damages equaled $10,000, then the speeding driver would only be able to collect $1,000.


Get More Compensation

In New York, to get the most money for your injuries, you need to build a strong case for how the other party was at fault for what happened. The other party’s attorney will be trying to do the same thing to you, so it is important to hire a lawyer who is experienced in handling personal injury cases.