Comparative Negligence in Slip and Fall Cases
Posted on Aug 10, 2016 9:13am PDT
In the aftermath of sustaining injuries from a slip and fall accident,
you may have a right to take legal action and pursue compensation. While
you may file a claim and expect to be fully compensated for the suffering
you’ve endured, that isn’t always the case – especially
in instances when comparative or contributory negligence is involved.
When filing a claim, you can expect that the individual or entity you
name as a defendant will argue that you share some of the fault in your
own injuries. In this blog, our Long Island personal injury attorney will
explain what comparative negligence is and how it can affect your slip
and fall case.
What is comparative negligence?
New York’s comparative negligence law states that a claimant’s
damages “will be reduced in proportion to his or her negligence.”
In other words, if you slip and fall in a grocery store and a jury finds
you are 10 percent responsible for your injuries, your award will be reduced
by its respective percentage. If your total award amount was, for example,
$10,000, you’d be awarded $9,000.
The Importance of Building a Strong Case
Comparative negligence will be a considerable factor when it comes time
to award settlements and receiving compensation. Because of the significant
impact it can have on your case, the importance of securing the representation
you need to build the strongest case possible cannot be understated. It
worth noting, however, that comparative negligence pertains to courtroom
litigation – if you find that your insurance company is telling
you that you’re entitled to a lesser award because of comparative
negligence, do not feel obligated to accept their settlement. Oftentimes
insurance providers will prioritize profit and offer you a settlement
that is far less than what you deserve.
At Laurence A. Silverman, Esq. our Long Island personal injury attorneys
have 40 years of experience pursuing justice for the wrongfully injured. To
schedule a case evaluation, call (631) 925-2117 today.