Car accidents are an unfortunate reality on New York roads, often resulting in personal injuries and property damage. When such accidents occur, determining fault becomes crucial in seeking compensation. New York follows a comparative fault system, and understanding how this legal principle operates can significantly impact the outcome of personal injury claims.
In this blog, we’ll delve into the intricacies of comparative fault in New York car accident cases, explore its implications on compensation, and discuss how a car accident lawyer can help.
Comparative Fault in New York
New York operates under a pure comparative fault system, which means that more than one party can be held responsible for an accident. This system acknowledges that accidents are rarely black and white; rather, they often involve a degree of fault on the part of each involved party. Comparative fault allows for a fair distribution of liability and ensures that even an injured party partially at fault can still seek compensation.
Implications on Compensation
In New York, how much compensation you get in a personal injury claim depends on the level of fault each person is given. New York uses pure comparative fault, as part of which you can still get damages even if you’re mostly at fault, but the end amount is a fixed percentage of the fault percentage at hand.
For instance, if you were involved in a car accident and deemed 20% at fault, your compensation would be reduced by that percentage. If your total damages were $100,000, you would ultimately receive $80,000 (80% of the total).
Proving Fault in New York Car Accident Cases
Successfully navigating a personal injury claim requires establishing negligence. You should show that the other person caused the accident and you are not at fault. Gather as much evidence as you can to prove this.
New York’s No-Fault Insurance System
It’s important to understand that in New York, there’s a no-fault insurance system for car accidents. This means that your insurance takes care of the expenses you incur. But if your costs go beyond your no-fault coverage limits or meet the state’s serious injury, you can also file a personal injury case.
Seeking Legal Assistance from a Car Accident Lawyer
Navigating the complexities of comparative fault in New York car accident cases requires the expertise of a seasoned car accident lawyer.
Choosing a Car Accident Lawyer in New York
When facing the aftermath of a car accident, it’s crucial to consult with a reputable car accident lawyer in New York. An experienced attorney, such as those at Baez Legal, can help you through the process.
If you find yourself in such a situation, don’t hesitate to reach out to Baez Legal for expert guidance and representation. We are here to help you.