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In the practice area of Personal Injury Law, Negligence is an important factor in assessing fault and compensation. When an unfortunate accident occurs, it is critical to determine who was at fault and to what extent. There are two legal principles when assessing Negligence in New York: 1. Comparative and 2. Contributory Negligence. In this article, we will examine both concepts of law and their significance in evaluating a Personal Injury claim.
What is Negligence?
To understand Comparative and Contributory Negligence, it is important to begin with the basic concept of Negligence. Negligence refers to the failure to exercise reasonable care, resulting in harm or injury to another person. To establish Negligence, the injured party must prove four elements: 1. Duty of Care, 2. Breach of Duty, 3. Causation, and 4. Damages.
Contributory Negligence
According to the principle of Contributory Negligence, if an injured individual is even partially at blame for an accident, they are prohibited from getting any sort of compensation for their injuries. Even if the injured party’s responsibility is minimal in comparison to the Defendant’s, they are nonetheless precluded from asserting any claim for damages in jurisdictions that follow this concept.
Contributory Negligence is a less prevalent theory, but it is nevertheless employed in certain jurisdictions.
- Alabama
- Maryland
- North Carolina
- Virginia
- Washington, D.C
Comparative Negligence
New York does not follow the principle of Contributory Negligence. Instead, New York State will allow a plaintiff to recover damages for an accident even if they contributed to their own injuries. However, their damages are reduced in proportion to the amount their amount of liability/fault. This concept is the legal doctrine of Comparative Negligence. Under this legal doctrine liability is assigned through the allocation of the fault between the parties involved in an accident.
The Impact on Personal Injury Cases
Understanding the concepts of Comparative and Contributory Negligence is pivotal when dealing with Personal Injury cases in New York. It is important to debunk the misconception that an individual may not file a Personal Injury claim if they were partially at fault for an accident. In New York, there are various negligence laws that apply. If you have sustained injuries in New York and believe you are entitled to compensation, it is advisable to consult with a local Personal Injury Attorney who possesses in-depth knowledge of the state’s negligence laws and their implications for your case. The attorneys at Shalom Law are well-prepared to handle the complexities of New York’s Negligence law. We are committed to guiding you through a comprehensive analysis of your case, ensuring your rights are safeguarded, and securing the maximum compensation you deserve.
Call us today for a free consultation: (718) 971-9474