Comparative Negligence

The breakdown of comparative negligence is simple.

In some states, a plaintiff who is partially at fault can recover damages as long as they are proven to be no more negligent than the defendant, i.e., 50% or less. In other states, the plaintiff can only recover if they are less negligent than the defendant, i.e., 49% or less. New York, however, is one of about 13 states which follows the pure comparative negligence rule. This means the injured plaintiff can still recover damages from a negligent defendant regardless of the amount of fault attributed to the plaintiff. Basically, a plaintiff who is 99% to blame for causing an accident can still recover for damages caused by a defendant who was 1% at fault, although the recovered amount will be reduced by 99%. A personal injury lawyer can help you to understand how this rule might affect a potential case. Make Buzin & Berman, PC #yourfirstcall


Author buzinberman1

More posts by buzinberman1