If you’re hurt in an accident and share some fault for your injuries, you can still claim compensation for your losses under the New York comparative negligence rule. However, the amount you receive is proportionately reduced by the percentage of fault you carry. Because of this, you must determine your degree of fault to know the value of your claim.
The New York negligence law applies to most accidents in the state, including car crashes, slip and falls, pedestrian accidents, and other personal injury cases. Our experienced attorneys at Harding Mazzotti, LLP can help you understand your rights and maximize your compensation with comprehensive legal representation in New York.
What Is Negligence Under New York Law?
Negligence is acting or failing to act in a manner that a reasonable person would in the same situation. Negligence occurs when one party owes a duty to another party and fails to fulfill that duty, resulting in injuries and damages.
To establish negligence and show that the at-fault party is liable for your damages, you must prove all four elements of negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
Duty of Care
Duty of care is the first element of negligence. This establishes that the person responsible for your injury had a legal obligation to you. For example, property owners have a duty to maintain the premises in a reasonably safe condition and remedy property hazards that could cause injuries to visitors.
Breach of Duty
Breach of duty means that the responsible party failed in their duty of care to you. A property owner who ignores a broken handrail in a high-traffic staircase in their store would be in breach of their duty to prevent dangerous conditions that could lead to harm.
Causation
Causation is the element of negligence that connects a breach of duty to a person’s injury. You must show that your accident would not have happened but for the breach of duty. In our premises liability example, causation would be if the property owner’s failure to fix the handrail directly led to your slip and fall accident.
Damages
Lastly, you need to prove that your injury led to damages. For example, a slip and fall accident often results in medical expenses, lost income, and pain and suffering. You may be eligible to recover these losses with a personal injury claim.
Because New York follows pure comparative negligence, even a plaintiff who is mostly at fault may still recover a proportionate share of damages. Proving negligence matters because the compensation awarded is reduced by your percentage of fault, impacting your recovery amount.
How Is Negligence Determined?
To determine negligence and the percentage of fault assigned to each party, a claim must be carefully reviewed. This involves a thorough investigation to understand what led to the accident and the role each party played in causing it. This process can be complex, particularly when multiple liable parties are involved.
Insurance companies often attempt to contest liability and assign more blame to victims to avoid higher payouts. Working with skilled personal injury attorneys can protect you from unfair treatment and demand the compensation you’re entitled to.
Tips to Maximize Your Case Value With Comparative Fault
There are steps you can take to protect your rights and prevent unfair reduction of compensation under comparative fault in New York, including:
- Document everything immediately: Take pictures and videos of your injury and the accident scene to preserve vital evidence.
- Seek medical attention right away: Prompt medical care creates a record of the injury, making it easier to prove the extent of the injury and establish a connection to the accident.
- Be careful what you say: Speaking to insurance adjusters or others about the accident without legal guidance could hurt your case.
- Gather witness statements early: Collect statements soon after the incident while details are still fresh in their minds.
- Follow all the doctor’s orders: Keep up with treatments and follow medical advice to avoid being blamed for your injury’s severity.
- Work with an experienced lawyer: A skilled attorney will know what steps to take to maximize case results.
What Evidence Helps Prove Negligence?
Proving negligence and liability after an accident can be challenging without the right evidence. Here are examples of strong evidence that will support your claim for compensation:
- Photos and videos of the accident scene
- Surveillance or dashcam footage
- Police or incident reports
- Witness statements from people who saw the accident
- Maintenance logs or safety records from businesses or property owners
- Expert testimony from medical professionals, accident reconstructionists, or economists
A legal professional can help you collect evidence that is most relevant to your case, such as surveillance footage that proves a vehicle was speeding before a car accident injury occurred. These details will strengthen your case and give you more leverage to negotiate a favorable settlement.
Common Challenges in Proving Negligence
Insurance companies often use tactics to pay less than the claim is worth. When establishing negligence in your case, here are common challenges and signs of unfair treatment when dealing with the insurance company:
- Minimizing injuries: Adjusters may try to downplay the extent of your injury to avoid paying the full value of your claim.
- Shifting blame: Under the New York comparative negligence rule, your compensation is reduced by your fault percentage. Placing more blame on you results in a lower payout.
- Disputing causation: Some insurance companies may question whether the accident actually caused your injury. They may argue the injury was pre-existing or resulted from something else.
- Delaying your claim: Delaying a claim can sometimes cause victims to accept a low offer out of financial necessity.
- Offering low settlements: While an offer may seem fair at first, insurance adjusters might lowball the settlement and pressure you to accept it.
Benefits of Working With a New York Personal Injury Lawyer
The aftermath of a serious accident can be overwhelming for victims facing expensive medical bills, emotional stress, and other struggles. Working with an experienced injury lawyer in New York can ease these burdens and help you fight for the best outcome for your case.
At Harding Mazzotti, LLP, our team offers aggressive legal advocacy and compassionate support that goes beyond the courtroom. With over 30 years of experience handling personal injury cases, we have secured more than $1 billion in case results for our clients.
We possess in-depth knowledge of New York no-fault insurance rules and how comparative negligence can impact your case. This gives us an advantage when countering unfair insurance company strategies. Our attorneys have the experience to conduct full investigations, gather evidence, and prove negligence on your behalf. We’ll take care of the legal fight so you can focus on your recovery.
Get Legal Help From Harding Mazzotti, LLP
Even if you share some blame for your accident in New York, you have the right to compensation and deserve to be treated fairly. Under New York’s comparative negligence law, you can still file a legal claim to recover damages and rebuild your life. However, you don’t have to fight alone.
When winning is a must, there’s one firm to trust. Known as The Heavy Hitters®, Harding Mazzotti, LLP, has helped clients in New York take on big insurance companies while providing personalized service and a steady hand during their most difficult times.
Call 844-446-1044 or contact us online today to schedule your free consultation with our team. We will answer your questions about personal injury claims and offer guidance on how to proceed with your case.
