New York uses the “pure comparative fault” system to evaluate responsibility in accident cases. This rule applies to all personal injury cases, not just car accidents. For example, in a slip and fall case, the defendant might argue you bear a percentage of fault for walking where you shouldn’t have walked.
Pure comparative fault means any party may sue, but each will be assigned a percentage of fault. The amount of fault will reduce your damages by the set percentage.
If you are 30% at fault and your damages come out to $100,000, you’d recover $70,000 instead of $100,000.
As your personal injury attorneys, it is up to us to use the facts in a way that helps us reduce that assigned fault percentage. Even a 1% reduction in your share of the fault could make a big difference in the money you take home.
Who determines fault?
Insurance adjusters make the initial determination. This may seem unfair as they have so much to gain by blaming you for the accident. Nevertheless, they get to assign the initial figure.
Later, your lawyer can argue to lower the percentage, either during settlement negotiations or while presenting your case before a judge. If the adjuster ignored specific key facts or made a wildly unfair determination, your lawyer should be able to prove it.
Remember that the insurance company on the hook for paying your damages will try to push as much blame onto you as possible to protect their bottom line. Don’t be surprised or outraged by this. Just give the matter to your attorney and allow your lawyer to use the facts to speak for themselves.
Diminishing Returns
If pure comparative fault exists, why aren’t there a mess of suits and countersuits every time someone gets hurt?
The truth is there are diminishing returns past a certain fault percentage. If you’re only going to walk away with 2% of your damages because you were 98% at fault, then it doesn’t usually make a lot of sense to pursue a personal injury lawsuit.
Protect Your Case by Getting Help Early
The earlier you involve a lawyer, the lower your fault percentage will likely be. This goes for any type of accident or injury case you can name.
Deal with a lawyer before talking to the insurance companies. Let your lawyer deal with your insurance companies too.
You protect vital evidence that could lower your fault percentage by involving us quickly.
If you’ve been injured, don’t wait. Contact our offices to get help today.
