- posted: Jan. 31, 2024
- Personal Injury
By shedding light on the complexities of personal injury law, The Licatesi Law Group aims to educate and empower its audience through this blog. The discussion centers on the premise of comparative negligence and its significant ramifications for personal injury cases within the New York state jurisdiction. A comprehensive grasp of this legal principle is essential for an individual attempting to navigate the intricacies of a personal injury claim.
A critical concept that significantly influences the conclusion of a case, comparative negligence is a vital aspect of personal injury law. By nature of New York's pure comparative negligence system, a plaintiff may pursue compensation for their injuries even if they bear a partial responsibility for an accident. However, depending on the plaintiff's degree of fault, the amount of compensation paid is correspondingly lowered. Pure comparative negligence cases involve the court assessing the extent of responsibility for all involved parties, including the defendant and plaintiff. Following this, the plaintiff's compensation is modified in proportion to the percentage of liability they displayed. As a hypothetical example, in the event that a plaintiff is found to be 20% liable and the aggregate damages reach $100,000, the plaintiff's right to compensation would be $80,000 ($100,000 minus 20%). The final award is directly influenced by the designated percentage of fault, which has a significant impact on damages. In the event that the plaintiff is liable for 51% or more of the fault, the recovery of damages is prohibited. Nevertheless, in the event that the plaintiff is to blame for less than 50%, they may still seek compensation, albeit with a reduction consistent with their degree of fault.
Comparative negligence has several implications in cases involving personal injuries. The process of establishing liability becomes more complex, necessitating the involvement of attorneys in a nuanced procedure. This process entails conducting a thorough examination of evidence, witness statements, and multiple factors in order to formulate a persuasive argument that precisely establishes the level of liability for every individual concerned. It is crucial for plaintiffs to recognize that their compensation may be reduced in proportion to their own percentage of culpability. This emphasizes the significance of obtaining competent legal counsel. Our legal professionals at The Licatesi Law Group are well-informed about the strategic ramifications of comparative negligence and employ a holistic strategy when handling litigation. By capitalizing on our specialized knowledge, we construct a persuasive account that emphasizes the defendant's negligence while tactfully minimizing the plaintiff's culpability.
The Licatesi Law Group contains a team of proficient and accomplished attorneys celebrated for their vast knowledge and proficiency in personal injury litigation. Our attorneys have a demonstrated history of effectively handling cases involving comparative negligence, consistently achieving positive results for our clients. We are fully dedicated to upholding justice, persistently advocating for our clients. We recognize the difficulties posed by comparative negligence and commit ourselves to guaranteeing that our customers obtain the utmost restitution attainable. We prioritize the well-being and financial recovery of our clients through our client-centric approach. By employing effective communication, tailored legal methods, and steadfast advocacy, we guarantee the preservation of our clients' rights throughout the entire legal proceedings.
Successfully handling personal injury matters in New York necessitates a profound comprehension of comparative negligence and its ramifications. The Licatesi Law Group serves as a prominent source of legal assistance for individuals injured in personal injury accidents. Our highly proficient lawyers bring unmatched knowledge and experience, providing thorough assistance and strategic advocacy to negotiate the complexities of comparative negligence. If you have sustained an injury and are seeking legal recourse, you can rely on The Licatesi Law Group to provide unwavering support, advocating tirelessly for the justice and appropriate recompense that you deserve. Please contact us today at (516) 227-2662.