Understanding Comparative Fault

Have you avoided pursuing a lawsuit or even filing a claim with an insurance company because you thought being partially at fault meant you would lose and get nothing for your damages?

If so, I’m here to tell you that in many states, including New York, you are WRONG!

What is Comparative Fault?

Not all crashes or incidents that cause injuries are cut and dry, where the other party is 100% at fault. But that’s okay.

The law in most states provides for a determination of comparative fault or comparative negligence, meaning:

• You can still recover damages even if you are partially at fault.

How Comparative Fault Works in New York

In New York, we follow a pure comparative fault rule. Here’s what that means:

• If you are partially responsible, the amount you can recover for your damages (like pain and suffering) is reduced by the percentage of your fault—no matter how high that percentage is.

Examples:

• If a jury awards you $100,000 but finds you were 10% at fault, you will still recover $90,000.

• If the jury finds you were 80% at fault, you will still recover $20,000.

Comparative Fault in Other States

The rules vary by state, so it’s important to understand your state’s laws:

• Some states are more stringent and will not allow you to recover if you are 50% or more at fault.

• Other states bar recovery even if you are just 1% at fault.

The Takeaway

This highlights the importance of calling a trusted lawyer if you are injured in any type of incident.

• Don’t disqualify yourself from recovering damages based on incorrect assumptions.

• Let an experienced attorney review your case to determine your options.

Even if you think you are partially at fault, you may still be entitled to compensation.