In personal injury claims, the concept of negligence is key to determining
who was at fault and who is deserving of compensation. In the simplest
cases, there is one negligent party and one injured plaintiff pursuing
relief for medical bills, missed wages, and so on. Not every case, however,
is this simple. Sometimes there are multiple parties responsible for an
accident—or the plaintiff themselves has contributed to their own injury.
In these more complex cases, New York applies a law known as "pure
comparative negligence" to assign responsibility. With this law,
each involved party is assigned a certain percentage of fault. That percentage
is then subtracted from the compensation each party is awarded.
To see this concept in action, let's look at a hypothetical example:
driver A had fallen asleep at a red light one night and driver B, speeding
down the road, collided into driver A's vehicle. Even though the jury
recognizes that both drivers displayed negligence, they award both of
them $10,000 for their injuries. However, they also find that:
- Driver A is 40% at fault for falling asleep
- Driver B is 60% at fault for speeding
In this hypothetical ruling, driver A would receive $6,000 and driver B
would receive only $4,000. For both drivers, their compensation is what
remains after reducing their $10,000 by their assigned percentage of fault.
Ensuring Accountable Parties Stay Accountable
Pure comparative fault allows many personal injury victims to still recover
compensation even when fault is shared between themselves and others.
However, this law also makes it possible for defendants to recover money,
as well, and can even assert that the plaintiff should bear more of the
responsibility for their accident than is appropriate.
That is why it is so crucial that you maintain proven counsel for your
personal injury suit. Whether your claim goes to court or reaches a settlement,
our experienced Long Island personal injury attorneys at
Gruenberg Kelly Della can ensure the circumstances of your accident are presented clearly and
that maximum compensation is pursued. We have recovered $100 million for
our previous clients and exhaust every possible avenue towards recovering
you the relief you deserve.
Start with a
free case evaluation today. Our team is ready to hear from you.