If you’ve been injured in an accident on Long Island and worry you might have been partially to blame, you’re likely wondering if you can still recover compensation. Many accident victims mistakenly believe that if they’re partly responsible, they’re automatically disqualified from receiving any financial recovery. Thankfully, that’s not true in New York. Understanding your rights and the laws that apply to your situation can significantly impact the compensation you ultimately receive.
New York follows what’s known as the “pure comparative negligence” rule. This means that even if you’re partly at fault for your accident, you still have the right to recover compensation, although your recovery may be reduced based on your degree of fault. For example, if you’re awarded $100,000 but found to be 20% responsible for the accident, your compensation would be reduced by 20%, leaving you with an $80,000 recovery.
This system is designed to allocate responsibility fairly. Instead of being denied compensation outright, you’re awarded damages that reflect your true level of responsibility. Understanding this rule can empower you to pursue your claim confidently, even when you share some blame.
Determining fault in a personal injury case can be complex. Insurance companies and courts will look at various factors to decide how much responsibility each party holds. Evidence that typically influences this determination includes:
Having strong evidence can minimize your perceived responsibility and help ensure you recover maximum compensation for your injuries.
Several common accident scenarios illustrate how comparative negligence might impact your compensation:
Each situation is unique, making it vital to work closely with a knowledgeable Long Island personal injury lawyer to accurately determine fault and build a robust case.
Insurance companies routinely use comparative negligence as a tactic to reduce their financial responsibility. An insurer may exaggerate your level of fault or pressure you into admitting partial blame, significantly impacting your compensation.
It’s crucial to avoid discussing fault directly with insurance adjusters without legal representation. Experienced personal injury attorneys know the common strategies insurers use and can effectively protect your rights and interests.
Even if you are partially at fault, taking the following steps can help maximize your compensation:
Navigating the complexities of comparative negligence in New York requires specialized knowledge and experience. At Palermo Law, we understand how stressful dealing with the aftermath of an accident can be, especially if you’re worried about being partly at fault. Our experienced attorneys have successfully handled countless cases involving comparative negligence, helping clients secure substantial compensation even when their own actions partially contributed to the accident.
We thoroughly investigate each case, leverage expert testimony, and negotiate assertively with insurance companies to ensure our clients receive fair compensation for their injuries, lost wages, and emotional distress.
If you’ve been injured in an accident on Long Island and are concerned about your level of responsibility, don’t assume you can’t recover damages. Contact Palermo Law today for a free consultation. We’ll review your case, explain your options clearly, and fight tirelessly to help you secure the maximum compensation you deserve.