Getting injured in an accident can be a stressful and overwhelming experience. During this time, it is important to understand your legal rights and options, especially if you were partially at fault for your injuries. In New York, the legal system employs a comparative negligence rule to determine how much compensation you are entitled to in such situations. In this article, we will explain what comparative negligence is, how it affects personal injury cases, and what steps you should take if you were partially at fault for your injuries in New York.
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Understanding Comparative Negligence
Comparative negligence is a legal concept that compares the fault of each party involved in an accident. In simpler terms, it means that if you were partially responsible for your injuries, the amount of compensation you receive will be reduced by the percentage of fault assigned to you. For example, if you were found to be 25% at fault for the accident, your compensation will be reduced by 25%.
It is essential to note that New York follows a pure comparative negligence rule, which means that even if you were 99% at fault for your injuries, you can still recover compensation for the remaining 1%. However, if you are found to be 100% at fault for the accident, you cannot recover any compensation.
Comparative negligence applies to various types of personal injury cases, including:
- Car accidents
- Slip and falls
- Medical malpractice
- Product liability
- Dog bites
Proving Fault in Personal Injury Cases
To determine fault in personal injury cases, the court will rely on evidence presented by both parties, such as witness statements, police reports, and medical records. Your attorney will gather this evidence and use it to build a strong case in your favor. If you are partially at fault for your injuries, your lawyer will argue that the other party bears a greater portion of the liability and should compensate you accordingly.
Steps to Take If You Were Partially at Fault for Your Injuries
If you were partially at fault for your injuries, you should take the following steps:
Seek medical attention: Your health is the topmost priority. Seek medical attention immediately after the accident, even if you don’t feel hurt. Some injuries may not show symptoms until a few days later.
Document the accident scene: Take pictures and videos of the accident scene, your injuries, and any property damage. These will serve as critical pieces of evidence in your case.
Contact an attorney: A personal injury attorney can help you understand your legal rights and options. They will gather evidence, negotiate with insurance companies, and represent you in court if necessary.
Avoid admitting fault: Do not apologize for the accident or admit responsibility in any way, as it could be used against you in court.
Cooperate with investigations: If the accident was severe enough to warrant an investigation by the police or other authorities, cooperate with them fully and provide accurate information about what happened.
Conclusion
If you were partially at fault for your injuries in New York, you can still seek compensation for the damages you suffered. However, it’s vital that you seek immediate medical attention, document the accident scene, contact an attorney, avoid admitting fault, and cooperate with investigations. With the right legal representation, you can recover maximum compensation for your injuries and move on from this traumatic experience.