How Does New York’s Comparative Fault Law Impact My Personal Injury Case?

In personal injury cases, you might assume the other party is fully at fault. However, New York’s comparative fault law allows shared liability, reducing your payout if you are even slightly at fault.

Learn how New York’s comparative fault laws apply to your accident case and how to maximize your payout despite this law. 

What Is Comparative Fault in New York? 

States follow either comparative or contributory negligence to determine damage recovery after an accident. Comparative negligence allows shared liability, reducing payouts by fault percentage. Contributory negligence bars recovery if a victim is even 1% at fault.

The states that follow comparative negligence adhere to either a modified or pure comparative negligence policy. 

New York follows pure comparative negligence. Under this rule, each party involved in an accident can recover compensation, no matter their percentage of fault. For example, if you were 40% responsible for the accident, you could recover 60% of your damages from the other party. If you were 90% responsible, you could theoretically recover 10% of your damages. 

Some other states follow a modified comparative negligence rule. This only allows plaintiffs to recover compensation if they were less than 50% or 51% responsible for the accident, depending on the state. 

How Comparative Fault Affects Your Accident Payout

New York’s comparative fault law offers both benefits and drawbacks. It allows recovery even with partial fault, but it also reduces awards proportionally.

New York insurance companies often assign partial blame to all parties in an accident. For example, they may place a small amount of blame on you for not taking reasonable measures to prevent the accident.

For example, if a car struck yours in an intersection, but you were speeding, an insurer might assign you 20% fault for contributing to the accident.

Tips To Maximize Your Case Value With Comparative Fault 

New York’s comparative fault laws often lead to compensation reduction for accident victims. If you want to maximize your compensation, these tips can help:

• Provide evidence showing you were not at fault.
• Avoid inadvertently admitting fault, such as apologizing to the other party or saying you “should have” done something to prevent the accident.
• Report all of your accident expenses in detail to maximize your case value, even if you receive a portion of the blame.  
• Refer to similar personal injury claims that had favorable liability determinations. 
• Hire an experienced personal injury lawyer to communicate with all parties on your behalf and provide additional evidence. 

If you disagree with the insurance company’s fault determination, your attorney can help you appeal its decision and explore a negligence lawsuit, if applicable.

Let Us Help You Maximize Your Payout 

New York’s comparative fault law may throw a wrench in your compensation claim, but an experienced attorney will help you work through this potential challenge. At Cantor, Wolff, Nicastro & Hall, we represent accident victims in the greater Buffalo area. Contact us today at 716-848-8000 or fill out our online form for a free case evaluation. 

Frequently Asked Questions (FAQ) about New York’s Comparative Negligence Law:

What is pure comparative negligence in New York?

A: New York follows pure comparative negligence, meaning you can recover damages even if you are partially at fault. Your payout is reduced by your percentage of fault.

How does comparative fault affect my accident payout?

Your compensation may be reduced by your percentage of fault. Insurance companies often assign partial blame, impacting your final payout.

What are tips to maximize my case value with comparative fault?

Provide evidence, avoid admitting fault, report all expenses, refer to similar cases, and hire an experienced personal injury lawyer.