John A. DeGasperis, Esq.

What Is Comparative Negligence in New York? | What to Know

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Comparative negligence is used in a number of different accident cases in personal injury law. There are several factors that come into play when it comes to this type of negligence, therefore, you will need to retain the services of an experienced Ulster County personal injury lawyer to discuss the details of your case and your legal options. 

How does New York define comparative negligence?

In the state of New York, comparative negligence, also known as comparative fault or contributory negligence, indicates that both parties in a personal injury case are somewhat at fault. Essentially, even if you are partially at fault, you are not barred from recovering damages in a personal injury claim. However, it is important to note that the amount that you are at fault will lower the amount you will recover.

If you would like to learn more about comparative negligence in New York, continue reading and reach out to our skilled firm today. Our legal team is dedicated to ensuring that you have the legal support you need.

How is comparative negligence determined in New York?

In order to determine the amount for comparative negligence, or if there was comparative fault at all, the defendant in your personal injury lawsuit will have the burden of proving that you were partially responsible. If that is proven to the court, it is then up to the jury to determine how much at fault you were. For example, if you were found to be 30% at fault for the accident that caused your injuries, the Court will decrease the amount of financial compensation you receive for your damages by 30%.

New York’s comparative negligence laws try to make it easier for those injured to recover the compensation they need to heal, however, it does make a personal injury case that much more complicated. In New York, for example, if a pedestrian accident involves a pedestrian who is under the influence of drugs and/or alcohol, the driver who hit them may still be able to be held liable for the accident, even with this added factor.

If you believe that you are involved in a personal injury claim where comparative negligence may be incorporated, do not wait to reach out to our skilled attorneys today to discuss the particulars of your case and your legal possibilities. Our firm is committed to ensuring that you receive the compensation you need to heal. Contact us today to get started on your case.

Contact Our Experienced Ulster County Firm

If you require legal representation for personal injury matters in New York, contact John A. DeGasperis, Esq. to schedule an initial consultation to learn more about our services and how we can assist your upcoming legal process.