What is Comparative Negligence in New York?Central New York Legal News
New York recognizes that car accidents are not always caused by one driver. Both drivers may be partially at fault for the wreck and, therefore, both should be held responsible for damages. This is why New York uses comparative negligence to calculate how much compensation each driver should be paid. However, some drivers worry about whether the compensation offered will be enough to cover all of their expenses. If this is you, try talking to a Central New York Car Accidents Attorney for legal assistance.
What is Comparative Negligence?
Negligence is a legal term used to describe situations when a person has caused harm to another party due to a failure to exercise safe behaviors. Comparative negligence is a type of negligence used by New York that divides up compensation by percentages. This is done in accordance with how much a judge deems each driver at fault for the car accident. In other words, if a driver is deemed 80% at fault for the accident, that driver will only receive 20% of the compensation offered.
There are instances when both drivers are considered equally at fault. In this case, you will receive the exact same amount of compensation as the other driver. Several factors come into play when determining these percentages. For example, a driver who was drinking and ran past a stop sign into another car will be considered 85% at fault. The other driver may be considered 15% at fault because they did not come to a complete stop before the stop sign.
When You Should Talk to a Lawyer
If both drivers are nearly equally at fault, the other driver can find ways to earn more compensation from you. This could take away the financial restitution you need to recover from medical expenses and lost wages. They may also try to sue you for pain and suffering.
Anytime your finances are threatened in a situation like this, it is crucial to hire a lawyer who is knowledgeable about car accidents and personal injury law. A lawyer will investigate your situation and see things that other people may overlook due to a lack of training in the law. This could save you thousands of dollars in the long run and may prevent serious financial losses.
New York Personal Injury Attorney
Car accidents can cause a lot of physical, psychological, and financial damage if a driver decides to sue you. In other situations, you might need more compensation to cover long-term injuries that take months to heal. Consider getting in touch with a Liverpool Personal Injury Lawyer if you find yourself concerned about finances after a car accident.
At Gattuso & Ciotoli, we have years of experience in personal injury cases and will represent you in court if negotiations fail. Our legal services are provided in Central New York, Syracuse, Watertown, Binghamton, Fayetteville, North Syracuse, Camillus, Liverpool, Cortland, and Auburn. Contact us today at (315) 314-8000 for a free consultation. Once hired, we will do a thorough investigation of your claim, collect evidence, and will take the necessary legal steps to earn you the compensation you need.