18 Sep Can I Still Sue If I Was Partially at Fault for My Injury in New York?
After an accident, many people hesitate to contact a lawyer because they believe they were partially at fault. Whether you slipped and fell while distracted, or were hit by another vehicle while not following all traffic rules, you might be wondering: Can I still file a personal injury claim in New York?
The answer is yes. Thanks to comparative negligence laws in NY, you may still recover compensation even if you share some blame. Below, we explain how shared fault injury claims work and how a Long Island personal injury attorney can help protect your rights.
For personalized legal advice, contact Gruenberg Kelly Della today.
What Is Comparative Negligence in NY?
Comparative negligence is a legal principle that allows more than one party to share responsibility for an accident. New York follows a pure comparative negligence rule, which means that you can recover damages even if you are 99% at fault, although your compensation will be reduced by your percentage of fault.
Example:
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If a court finds you 20% responsible for a car accident and awards $100,000 in damages, you would receive $80,000.
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If you are 70% at fault, you could still receive $30,000.
How Comparative Negligence Applies to Different Cases
Car Accidents
In multi-vehicle accidents, blame is rarely one-sided. If both drivers contributed to the crash, each party’s compensation is adjusted accordingly. This includes rear-end collisions, failure to yield, or left-turn accidents.
Slip and Fall Injuries
If you were looking at your phone when you slipped on a wet floor with no warning sign, the property owner may argue you were partly to blame. Even so, if they were negligent in maintaining a safe space, they can still be held liable for a portion of your damages.
Pedestrian or Bicycle Accidents
Pedestrians or cyclists might be partially at fault if they crossed outside a crosswalk or ignored traffic signals. However, drivers still have a legal duty to exercise caution, especially in school zones or residential areas.
Common Misconceptions About Shared Fault
Myth: If I were even a little bit at fault, I cannot sue.
Truth: Under New York law, you can file a claim regardless of your level of fault.
Myth: Insurance companies will automatically treat me fairly.
Truth: Insurance adjusters often use comparative negligence to reduce or deny valid claims. You need an attorney to defend your rights.
How a Long Island Personal Injury Attorney Can Help
Determining who is at fault and to what degree requires a thorough investigation. At Gruenberg Kelly Della, we will:
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Collect evidence from the accident scene
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Interview witnesses and gather expert opinions
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Reconstruct the events leading up to the injury
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Negotiate aggressively with insurance companies
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Fight for the maximum compensation you deserve
We are committed to making sure that partial fault does not mean partial justice.
Take Action Before Time Runs Out
New York has strict deadlines for filing personal injury lawsuits. Do not let confusion over fault prevent you from getting the help you need. The sooner you speak with a qualified attorney, the stronger your case will be.
Call Today: 631-910-6604
Visit: https://www.newyorklawgroup.com/
Proudly serving Nassau and Suffolk Counties and all of Long Island
If you are wondering whether you can still pursue a personal injury claim under comparative negligence in NY, the answer is often yes. Even if you were partially at fault, you may still be eligible for meaningful compensation.
Let Gruenberg Kelly Della review your case for free and help you move forward with confidence.