What Is Negligence in New York Civil Claims?

When someone else is responsible for causing you severe injuries, you may have grounds for a personal injury lawsuit against them. By pursuing a civil claim, you may be able to recover the compensation you need to cover your financial losses and have the means to recover physically and emotionally from what you’ve been through. 

But in order for a personal injury claim to be successful, we will need to be able to prove the defendant’s negligence caused your injuries. This also brings up the question of what might happen if you contributed in some way to the injuries you suffered. We describe these issues of negligence further below. 

Defining Negligence of the Liable Party

Under the law, it does not matter whether someone was intentionally or accidentally negligent. If their actions directly or indirectly caused someone else to be injured or fall ill, they can potentially be held accountable. There are countless ways these injuries or illnesses can occur. Some include:

• Motor vehicle accidents
• Slip-and-falls
• Work accidents
• Construction accidents
• Sexual abuse
• Nursing home abuse
• Medical malpractice
• Premises liability accidents
• Injuries caused by defective products 

You may be unsure whether you have grounds for a claim. The best way to find out is by reaching out to a top personal injury lawyer to discuss the individual details of your case. 

What About Contributory Negligence?

Contributory negligence refers to what happens when the injury victim has contributed to the injuries they sustained in some way. Every state has a different approach to contributory negligence, but in New York, sharing fault does not prevent you from being awarded compensation for your suffering. 

Under the state’s comparative fault law, you can still collect repayment for your emotional, physical, and financial losses and damages, no matter how much fault you carry. 

With that being said, if you do share fault, you should expect your final injury settlement to be reduced in proportion to your percentage of shared fault. So if you are ten percent liable, you can expect your award to be reduced by ten percent. 

Meet with a Personal Injury Lawyer in New York

If the negligent actions of another are the cause of your injuries, you have the right to seek maximum restitution. Your attorney will work tirelessly to build a compelling case against the liable party so you can get the justice you deserve. 

Contact a reputable personal injury lawyer at the Law Offices of Dennis Smith, PLLC by phone at 212-835-1699 or through the contact form we have included below to schedule your free, no-obligation consultation.