Fault comparison in personal injury cases

Fault comparison in personal injury cases.

The vast majority of personal injury cases in the US stem from car accidents as well as work place accidents. Drivers are also expected to go at safe speeds and not drunk-drive. If they flout these rules, it means they had less regard for the safety of themselves and others and would be held liable for any accident they cause. Several other causes are attributed to personal injury. It is however important to understand the fault rules when dealing with a personal injury claim. For instance if you were partly at fault in the accident, your percentage of fault will be evaluated and deducted from the amount you should have received. This is done through comparative fault analysis.

The two fault determination in New York

No-fault law

This law applies to automobile accidents in which minor injuries were sustained. By the no-fault law, your injuries and medical bills would be covered by the vehicle’s insurance regardless of who was at fault.  If you (or your vehicle) have been hit by another vehicle whose driver probably acted unreasonably and you ended up with some injuries, you most likely would be thinking of making a case in order to get the compensation you need to fix your vehicle and treat your wounds. If your accident occurred in The Bronx, NY 10459, it is important to note that New York is a no-fault state. However, this law is limited to minor injuries. For serious injuries involving loss of life, loss of limb, miscarriage, fracture, disfiguration, temporal or permanent disability, a personal injury claim may be filed.

Comparative fault

In a personal injury case, faults are compared. The law acknowledges the fact that people may want to take advantage of others even when themselves were personally at fault. If you had a hand in your own misfortune, the extent of your fault would be compared to that of the defendant. If they were also partly at fault, then the damages they would be asked to pay would be equivalent to the percentage of their fault. This obviously would be less than what you would have gotten had you been completely faultless. In addition, in some accidents, both parties can be at fault. The degree of fault is used to estimate the damages awarded. If you were 50% at fault, you may only get 50% of the money you would have received.

Bottom line

  • If you had sustained serious injuries and believe your injuries were a direct or indirect result of someone’s unreasonable action or inaction, then you have a personal injury claim and are entitled to compensation. The amount would be to proportional to the injuries and liabilities you have been put into.
  • Personal injury claims in New York are dealt with according to the State laws. For a personal injury claim to be recognized in a civil court in the state and for damages to be awarded, it must be proven to be in accordance with the laws. It must be proven that the defendant owed the plaintiff a duty of care but neglected the duty, and that this led to an accident in which the plaintiff was harmed.
  • Not every injury occurring on a property may pass as personal injury. The duty of care varies at each given situation and is not spelled out in the constitution. However, there are certain laws in the state guiding these things.

Estimating the worth of damages in personal injury

Many factors are considered in estimating the value of the compensation. At our law firm, our team of personal injury attorneys would look into the financial losses which you would incur due to the injury in terms of medical bills and wages you would miss out on. The degree of pains you suffer and the length of it will also increase the amount of money. All these assessments are done with the help of medical and financial professionals.

Contact a personal Injury lawyer near you today.

Without bias for the status of whom you are suing, we would apply the law to its extremes to ensure justice is served. Knowing the trauma our clients must be going through, we treat them with empathy and only get our fee when we have won you damages. Give us a call to speak with a personal injury attorney near you.



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