Can a Lawyer Help If You Were Partially at Fault?

If you’ve been hurt in an accident, but your own actions did play a role, don’t assume you’re out of luck. A New York personal injury lawyer can help you understand and protect your rights under the state’s rules for shared responsibility in a personal injury situation.

Shared Fault in New York Accidents

It’s rare for one person to be completely to blame in an accident. Maybe you were crossing the street and were hit by a car, but you were looking at your phone at the time and are being held partially negligent. Or perhaps you slipped on a wet floor that wasn’t well marked, but you were distracted and hurrying. New York law recognizes the reality that more than one person can be responsible through something called pure comparative negligence. This means you can still seek compensation for your injuries even if you’re partially responsible, but any award you get will be reduced by the percentage of your fault.

For example, suppose a court or insurance company decides you’re 30% at fault for a slip-and-fall because you were texting while you rushed through the store instead of paying attention, but the store is 70% at fault for failing to provide a safe environment. If your total damages added up to $90,000, you’d be able to recover 70% of that, or $63,000. Some states won’t allow you to collect any damages if you are 50% or 51% or more at fault, but here in New York you can collect even if you’re 99% at fault (though you would only receive 1% of your total damages).

Good News and Bad News

The good news is that you’re not barred from bringing a claim even if you were partially at fault, and you can receive at least some compensation for what you’ve lost. This system levels the playing field in many respects. However, it also means that insurance companies have a lot of incentive to stick you with as much blame as they can. Every one percent of blame they can push onto you is a little bit less they have to pay. A lawyer is someone in your corner, fighting to protect you from unfair blame and to make sure you get every bit of compensation you’re owed.

How a New York Personal Injury Lawyer Can Help

If you’re already dealing with pain, doctor visits, and bills that seem to just get bigger every week, it will give you enormous peace of mind to have a lawyer take over all the frustrating red tape. You can concentrate on healing while your lawyer investigates the accident, brings together all the evidence in a compelling way to make a case for you, and ensures that all the t’s are crossed and i’s are dotted in your filings.

Insurance companies know how to negotiate in these situations. Unless you’re a professional negotiator yourself, you are at a distinct disadvantage. One of the biggest jobs of your lawyer will be to negotiate fiercely with the insurance company to protect your rights.

Whatever your situation after a personal injury, set up a free consultation with us at Miller, Montiel & Strano in Garden City, NY find out where you stand and how we can help. We serve clients throughout Nassau County.

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