Understanding Comparative Negligence in Personal Injury Cases

Anyone who’s experienced a personal injury knows that contemplating a lawsuit can feel daunting, especially when terms like “comparative negligence” come into play. At Pulvers, Pulvers & Thompson, we’ve been guiding injured victims through the intricacies of personal injury law for nearly 80 years. We’re not just advocates; we’re your champions in securing the compensation you rightfully deserve.

When you’re involved in an accident, the aftermath can be overwhelming. You’re dealing with physical injuries, emotional stress, and the financial burden of medical bills and lost wages. On top of that, understanding the legal landscape can feel like an additional hurdle. That’s where we come in. Our team is dedicated to helping you make sense of it all, ensuring you know your rights and options.

What is Comparative Negligence?

Comparative negligence is an important concept in personal injury cases. It determines how responsibility is shared among the parties involved and directly impacts the compensation you might receive. Understanding this principle is essential for anyone seeking justice and fair compensation after an accident. Whether you’re dealing with a car accident, a slip and fall, or any other type of personal injury, knowing how comparative negligence works can empower you to make informed decisions about your case.

At Pulvers, Pulvers & Thompson, we pride ourselves on our deep understanding of New York’s legal system and our commitment to advocating for our clients. With decades of experience, we’ve seen firsthand how comparative negligence can influence the outcome of a case. 

Think of comparative negligence as a way to divide up responsibility when more than one party is involved in an accident. It acknowledges that sometimes, accidents aren’t entirely one person’s fault. Instead, multiple parties might share the blame, and this affects how compensation is calculated.

Pure Comparative Negligence vs. Modified Comparative Negligence

There are two main types of comparative negligence: pure and modified. In states with pure comparative negligence, you can still receive compensation even if you’re mostly at fault. For example, if you’re 30% responsible for an accident and your damages total $100,000, you’d receive $70,000.

In New York State, the law follows a pure comparative negligence rule. This means that even if you’re mostly at fault for an accident, you can still recover damages. For instance, if you’re found to be 30% responsible for an accident and your damages total $100,000, you’d receive $70,000. The compensation is simply reduced by your percentage of fault.

Modified comparative negligence is stricter. If you’re found to be 50% or more at fault, you might not receive any compensation at all. This approach ensures that those who are equally or more responsible for an accident don’t benefit financially.

How Does This Affect Your Compensation?

Understanding how comparative negligence impacts your compensation is crucial. First, the total damages are calculated, covering things like medical bills, lost wages, and pain and suffering. Then, the degree of fault for each party is assessed.

Let’s say you were in a car accident and didn’t wear a seatbelt. If you’re found 20% at fault, your compensation would be reduced by that percentage. So, if your damages are $50,000, you’d end up with $40,000.

Insurance companies often try to assign more blame to reduce their payouts. That’s why having a seasoned personal injury attorney by your side can make a big difference. We know the tactics and can help ensure you get a fair shake.

If You’ve Been Injured, Our Team Can Guide You Through Comparative Negligence

Understanding comparative negligence is key to navigating personal injury cases. At Pulvers, Pulvers & Thompson, we’re dedicated to helping you get the best possible outcome. With nearly 80 years of experience, we’re well-equipped to advocate for your rights. If you or someone you know has been injured and comparative negligence might be a factor, reach out to us. We’re here to provide the support and guidance you need.

This post is for legal education purposes only and should not be considered legal advice. No attorney-client relationship has been formed. To the extent this post constitutes attorney advertising, past results do not guarantee similar outcomes.