If someone else’s negligence causes you to suffer an injury, you
might expect that they will pay for any and all of your damages. In New
York, you might be surprised that even in situations where you are clearly
not the one responsible for the accident or incident, you can still pay
for a percentage of the damages thanks to what is known as the comparative
Using comparative negligence, a party must pay for damages based on how
“at fault” they were for the accident. The more they contributed
to what led to an injury, the more they need to pay. For example, if you
run around a retail store, are told not to run, and then trip over a bit
of loose tiling, you might be held partially liable for your injury, perhaps
30% or so. If your resulting medical bills were $10,000 – imagine
that the fall broke your arm – you could only recover a maximum
of $7,000, or your total damages minus 30%.
While comparative negligence might seem good and fair on the surface, you
must beware of its downsides. By allowing negligent parties to try to
shirk liability onto the injured party, something that should have been
a fast recovery can get bogged down with negotiations and litigation as
they try their best to pay the least. It is better than the alternative,
however, that some states use, which says if you are even 1% liable for
your injury you can do nothing to seek damages in court.
It is also worth noting that comparative negligence deals with courtroom
litigation only. If you are filing an insurance claim and the insurance
provider says your comparative negligence entitles you to a lesser amount
of money, you do not have to accept whatever settlement they offer. If
you want to negotiate, you can, and you can even escalate the matter to court.
Reliable Representation is a Phone Call Away – 585.286.5124
If you are worried that your recoveries from your injuries could be limited
due to comparative negligence, you can turn to The Law Office of Robert
King. With years of experience and a history of successful case results,
you can depend on
Rochester Personal Injury Attorney King to stand by yourself and do all he can to maximize your recovery. Get
started right now by requesting a
free case review online.