Comparative negligence is important to understand because it can change how much someone gets in a personal injury claim. This rule looks at how much fault each person has when more than one person causes an accident. Different states have different rules, so it’s good to know what applies to your case.
What is comparative negligence?
Comparative negligence is a rule that splits blame between everyone involved in an accident. In personal injury cases, it checks how much each person’s actions caused the accident. If someone is partly to blame for their own injuries, they might get less money. For example, if someone is 30% at fault, they could only get 70% of the damages. States use three main types of comparative negligence: pure, modified, and contributory negligence.
Types of comparative negligence laws
In New York, which follows pure comparative negligence, people can still get money even if they are mostly at fault. However, their payment is reduced by their share of the blame. For example, if someone is 70% responsible, they could still get 30% of the damages.
How comparative negligence affects settlements
Comparative negligence affects how settlements are decided. Insurance companies often try to show that the injured person is more at fault so they can pay less. Strong evidence showing someone else’s fault can help keep your payment higher.
Knowing how comparative negligence works in New York can help you better handle a personal injury case. Understanding the laws can make it easier to prepare and argue for fair compensation even if you share some blame.