Shared Liability Laws and Personal Injury Cases
Shared Liability Laws and Personal Injury Cases
After getting injured in an accident, medical bills can quickly start mounting up. This may be compounded by taking time off work to recover. It is natural to want to seek compensation from the responsible party, but what if you have a nagging feeling that you are partly liable?
Personal injury lawsuits are often complicated. In many cases, more than one party may be partially responsible for the accident. New York State comparative fault laws reflect this and allow you to seek compensation even if you were up to 99 percent liable. These laws also allow you to pursue compensation when multiple parties are found responsible for your accident.
In this article, we will explore how it may be possible for you to pursue compensation even if two or more parties were responsible for what happened. We will also consider how this may affect your compensation and why there is no need to conclude that you do not have a case without seeking legal advice.
How Personal Injury Cases Work in New York
For anyone to recover compensation in a personal injury case, the following four criteria must be met:
- Duty: One or more parties must have had a duty of care toward the other party/parties
- Breach: By negligent or willful actions, the liable party/parties must have breached their duty of care
- Cause: The breach must have caused injury to the plaintiff
- Damages: The injury must have caused economic or non-economic losses for which the defendant is entitled to compensation
In some personal injury cases where one party is clearly liable, this may be straightforward. However, sometimes multiple defendants may have acted negligently, causing the accident that resulted in your injuries and losses. In this situation, the responsible parties are known as the tortfeasors.
Shared Liability Laws in New York
New York is one of only 13 states that follow the legal doctrine of pure comparative negligence, also called comparative fault. Comparative negligence recognizes that fault can be shared between all liable parties (known as tortfeasors), including the injured person (the plaintiff).
Some key provisions of New York’s comparative negligence laws are as follows:
- Contributory negligence does not bar the claimant from recovering damages from the other tortfeasors
- The amount of damages may be reduced by the proportion of liability attributed to the tortfeasor
- Damages can be sought in personal injury, property damage, and wrongful death cases
Determining fault
Most personal injury cases do not go to court, so insurance adjusters usually assess the degree to which each party contributed to the accident. However, this judgment is not final. Depending on the circumstances, a personal injury lawyer may be able to present evidence that your liability was lower than the insurance company claims.
If the case cannot be settled out of court, a judge and jury will assess each party’s level of fault during the trial. The responsible parties will each be apportioned a percentage of liability for the accident.
For example, if three drivers were involved in a collision, Driver A may be found 50 percent responsible, while Drivers B and C may be found 25 percent responsible each. Each party will only be able to recover compensation in proportion to their share of the liability.
How liability affects damages
Under pure comparative negligence laws, you can only recover 100 percent of your damages if you were found to be entirely free from liability for your accident. Otherwise, your damages will be reduced by your percentage of liability.
Returning to the example above, let us say that each injured party’s damages were assessed at $100,000. Each one would receive a portion of the damages owed, reduced by his or her percentage of liability:
- Driver A: 50 percent liable, so damages are reduced by 50 percent to $50,000
- Driver B: 25 percent liable, so damages are reduced by 25 percent to $75,000
- Driver C: 25 percent liable, so damages are reduced by 25 percent to $75,000
Determining liability is a contentious issue, and you need a qualified and experienced personal injury lawyer fighting for your rights. Otherwise, the insurance adjusters may try to pressure you into accepting more liability and receiving a reduced settlement.
Pure comparative negligence vs. modified comparative negligence laws
In modified comparative negligence states, a plaintiff cannot claim any compensation from the other liable parties if his or her negligence was 50 percent (51 percent in some states) or more. This could leave one party unable to claim any compensation from other liable parties. At the same time, he or she would have to pay sizable damages to the other parties.
Some view pure comparative negligence as a more fair system, as only those 100 percent responsible are barred from recovering compensation. This rule is meant to protect each accident victim while ensuring compensation can help cover their financial losses.
The Role of a Personal Injury Attorney in Shared Liability Cases
Shared liability makes personal injury cases more complex. If you rely on an insurance adjuster to assess liability without getting advice from a personal injury attorney, you may not receive a fair settlement.
Personal injury lawyers know all the tactics insurance adjusters use to shift blame onto the plaintiff and reduce the compensation they have to pay out. If you work with a New York personal injury lawyer, though, he or she may be able to reduce your liability and obtain a fairer settlement.
Investigate your case
Personal injury lawyers and their legal teams can gather evidence that clearly shows what caused your accident and whose negligence contributed to it most significantly. It is crucial in shared liability cases to gather as much evidence as possible, including:
- Photographs and videos
- Eyewitness testimony
- Accident reports
Additionally, your personal injury attorney may work with expert witnesses. Expert witnesses are highly qualified and experienced third-party experts who can testify as to what happened in your accident based on the evidence.
Build a strong case
After gathering the evidence, your personal injury lawyer will prepare his or her legal arguments. This could reduce your percentage of liability and increase your share of the settlement during negotiations.
Your lawyer will also present evidence of the extent of your injuries, your long-term prognosis, and the physical and psychological suffering you have endured. Generally, the more serious and life-changing your injuries are, the higher your settlement may be.
Negotiate or fight your case in court
Pure comparative negligence laws tend to encourage out-of-court settlements. This is because either party may prefer to avoid a judge or jury making the final decision on liability and damages. A New York personal injury lawyer can play hardball in negotiations or fight at trial for fair compensation on your behalf.
Seek Justice in a Shared Liability Personal Injury Case
Being partially liable in a personal injury case does not mean accepting anything an insurance company offers you. Whoever was liable for your injuries, you need an experienced and compassionate personal injury attorney on your side, fighting for justice. The compensation you could recover may be critical for securing your future.
At Hill & Moin LLP, we have obtained outstanding results for our clients in a range of personal injury cases. These include an award of $10 million in damages for a fall on defective steps and a judgment of over $4 million in a landlord negligence case.
If we take on your case, we will do all we can to ensure liability is shared fairly. To find out what our Personal Injury Recovery SolutionsⓇ can mean for you, schedule a free consultation with a personal injury attorney by calling (212) 668-6000. Alternatively, fill out our online form, and we will get in touch soon.
Don’t wonder about your rights!