Understanding Comparative Negligence in Personal Injury Cases in New York

February 21, 2025

Understanding Comparative Negligence in Personal Injury Cases in New York

In New York, personal injury claims operate under a comparative negligence rule, which determines how damages are awarded based on the level of fault attributed to each party involved in an accident. This principle plays a crucial role in cases where multiple parties share responsibility for an injury.


What Is Comparative Negligence?


Comparative negligence is a legal standard that reduces the compensation an injured party can receive based on their percentage of fault in an accident. In pure comparative negligence states like New York, an injured person can still recover damages even if they are 99% at fault, but their compensation will be reduced by their percentage of responsibility.

For example, if a court determines that you were 30% at fault in a slip-and-fall accident but awards $100,000 in damages, you would receive only $70,000 due to your share of liability.


How Comparative Negligence Affects Personal Injury Cases


Comparative negligence impacts a variety of personal injury claims, including:

  • Car accidents where both drivers share some fault (e.g., speeding and failure to yield).
  • Slip and fall accidents where a property owner failed to address hazards, but the injured party was also inattentive.
  • Medical malpractice cases where both a patient’s actions and a healthcare provider’s negligence contributed to harm.


Proving Fault Under Comparative Negligence


To establish fault in a personal injury claim, evidence such as witness statements, video footage, police reports, and expert testimony is often required. The defendant’s legal team may try to argue that your actions contributed significantly to the accident to reduce their client’s liability. Having strong legal representation can help counter these claims and ensure you receive fair compensation.


Why Legal Representation Matters


At The Law Office of Tedd Kessler, P.C., we provide legal assistance to New Yorkers navigating personal injury claims. Because New York follows a pure comparative negligence rule, insurance companies and defense attorneys often attempt to shift blame onto injured individuals to minimize payouts. Our firm works to gather the necessary evidence, negotiate settlements, and represent clients in court when necessary.


If you or a loved one has been injured and need help understanding how comparative negligence affects your case, we are here to provide legal guidance.

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