Comparative Negligence in Slip and Fall Cases

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.