Can You File a Personal Injury Claim If You’re Partially at Fault in NYC?
New York’s laws allow individuals to file a personal injury claim even if they bear partial responsibility for the accident. This legal framework, based on comparative negligence, ensures that victims can still recover compensation for their injuries, though the amount may be reduced based on their share of fault.
Understanding how New York’s comparative negligence law works is crucial for those involved in personal injury cases, such as car accidents, medical malpractice claims, or incidents involving property owners.
What Is Comparative Negligence in New York?
New York follows a pure comparative negligence rule, which means that an injured party can pursue compensation even if they are partially at fault. However, their recovery is reduced by the percentage of fault assigned to them.
Example:
If you are awarded $100,000 in damages but found 25% at fault, you can recover $75,000.
This rule applies to a wide range of personal injury claims, including:
- Car accidents
- Slip-and-fall accidents
- Medical malpractice
- Cases involving property owners or government entities
Steps to Take If You’re Partially at Fault
1. Gather Evidence to Support Your Claim
Collect evidence, such as medical records, accident reports, and witness statements, to prove the other party’s negligence contributed to the incident. The stronger your evidence, the more likely you can minimize your share of fault.
2. Work With a Personal Injury Attorney
Navigating the legal process of filing personal injury claims can be complex, especially in cases of shared fault. An experienced personal injury attorney will evaluate your case, negotiate with the insurance company, and ensure your legal rights are protected.
3. Understand the Role of No-Fault Insurance
New York’s no-fault insurance system requires car accident victims to seek compensation for medical expenses and lost wages through their own personal injury protection (PIP) coverage first, regardless of fault. However, if you meet the serious injury threshold, you can file a lawsuit for additional damages.
Filing Personal Injury Claims in Shared Fault Cases
When filing a personal injury claim, you’ll need to prove that another party’s negligence contributed significantly to your injuries. Shared fault may arise in various situations:
Car Accidents
If both drivers are partially responsible, such as one failing to signal and the other speeding, the court will determine each party’s percentage of fault.
Slip-and-Fall Accidents
In cases involving property owners, the injured party may share blame if they ignored warning signs or were not paying attention.
Medical Malpractice
Even in medical malpractice claims, a patient may share fault if they failed to follow their doctor’s advice or treatment plan.
Recovering Compensation When Partially at Fault
Victims can recover compensation for:
- Medical expenses: Covering treatment, rehabilitation, and future medical care.
- Lost wages: Reimbursing time missed from work due to the injury.
- Non-economic damages: Compensation for pain, suffering, and emotional distress.
However, the total amount of compensation is adjusted based on the injured party’s percentage of fault.
How an Attorney Can Help
Defense attorneys and insurance companies often try to assign more fault to the injured party to reduce the payout. An experienced personal injury lawyer can:
- Gather evidence to demonstrate the other party’s negligence.
- Negotiate with insurance companies to pursue full compensation.
- Represent you in court to ensure your case is presented effectively.
At Greenstein & Pittari, LLP, our team is dedicated to helping clients recover damages, even in shared fault situations.
Call Greenstein & Pittari, LLP for a Free Consultation
If you’ve been injured in New York and are concerned about shared fault, call Greenstein & Pittari, LLP at (800) 842-8462 for a free consultation. We’ll help you navigate the complexities of comparative negligence and fight for the compensation you deserve.
FAQs About Filing a Personal Injury Claim When Partially at Fault
Can I still recover compensation if I’m more than 50% at fault?
Yes, under New York’s pure comparative negligence law, you can recover compensation even if you are more than 50% at fault. However, your recovery will be reduced by your percentage of fault.
What types of damages can I recover in a shared fault case?
You can recover damages for medical expenses, lost wages, pain and suffering, and other related costs, adjusted for your percentage of fault.
How does New York’s no-fault insurance affect shared fault cases?
No-fault insurance provides initial coverage for medical expenses and lost wages, regardless of fault. However, if you meet the serious injury threshold, you can file a lawsuit for additional damages.
How can an attorney help reduce my assigned fault?
An attorney can gather evidence, negotiate with insurance companies, and present a strong case to demonstrate the other party’s greater share of liability.
What is the statute of limitations for filing personal injury claims in New York?
The statute of limitations for most personal injury cases in New York is three years. However, certain cases, such as those involving government entities, may have shorter deadlines.