What is comparative negligence?
Comparative negligence determines who is at fault for the accident. For instance, if you were hit in the rear while waiting at a red light, there’s no comparative negligence. If you’re just sitting there, the person who hit you is 100% wrong. However, if you’re going through an intersection and it’s a question of who had the green light, then they can debate comparative negligence.. This is just how they figure out how much in the end they’ll pay you of your damages. The good news is, in New York State, even if you’re 99% liable, you can still collect on the 1%. In certain states, if you’re more than 50% liable, you have no case. That is not the case in New York. They determine what your percentage is through court and through negotiation, and then we resolve it in the amount of money. In New York, no matter how much you did wrong, as long as the other side was just a little wrong, you can still make a lawsuit and collect money.
Were you or a loved one seriously injured in an accident and have questions about comparative negligence?
Contact our dedicated New York personal injury attorneys at Krause & Glassmith today for a free confidential consultation and case evaluation.
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