What Are Personal Injury Compensation Laws in New York?

New York has statutes that enable accident victims to pursue compensation even if they were at fault for the crash. However, sometimes, the process may be complex under some laws, as it would be necessary to determine liability and percentage of fault depending on the case specifics.

Civil litigation attorneys in New York provide an overview of some laws affecting personal injury compensation claims.

New York is a No-Fault Insurance State

The law requires all motorists to have a minimum of $50,000 in Personal Injury Protection (PIP). This coverage compensates accident victims for bodily injury and includes a $10,000 coverage for property damage incurred in the accident.

Under the no-fault system, your insurance company should pay you back for medical expenses and lost wages, whether you or another party were at fault. Personal injury lawyers in New York mention that the policy only compensates you to the extent of your coverage and doesn’t include pain and suffering.

If you’re seriously injured, you can file a personal injury claim against the other driver. Insurance companies often evaluate a few factors when establishing the severity of your injuries, with the threshold being the following:

  • Fractures
  • Loss or dismemberment of some body parts
  • Significant disfigurement
  • Full disability exceeding 90 days
  • Loss of functionality of a bodily system
  • Fetal loss

You can lodge a lawsuit against the motorist personally if their insurance policy is not adequate to cover your expenses. Work closely with experienced New York personal injury attorneys to fight for what you rightfully deserve.

Comparative Negligence

New York has a comparative negligence rule that reduces the compensation you can receive depending on your percentage of fault. For example, if investigations reveal that you were 70% at fault for the accident, your compensation amount will be reduced by that percentage.

Take note that the state uses a pure comparative negligence system, meaning no limit would limit you from recovering damages unless your level of fault was greater than 99%. With the help of experienced personal injury attorneys in New York, you can still secure a percentage of compensation even if the jury found you primarily responsible for your injuries.

Nonetheless, the principle of pure comparative negligence could leave you susceptible to a counter-lawsuit. For example, if you were to pursue compensation in a situation where you were more than 50% to blame, the other party could also file a lawsuit against you. Discuss your case extensively with experienced civil litigation lawyers in New York to explore your legal options.

How is Fault Percentage Determined?

The discovery stage during a lawsuit is crucial as it helps uncover facts to determine each driver’s percentage of fault. Police reports, eyewitness statements, examination of the accident scene, medical reports, proof of property damage, and photos and recordings of the accident scene are crucial in helping legal experts determine liability.

For example, you may have believed you had the right of way at an intersection, but the other driver thought they had the right of way. Your cars collided, and you suffered the brunt of the injuries, but an eyewitness places you in the wrong. While you can pursue compensation, expect the jury to award a shared-fault settlement.

The court will consider any evidence that shows you were partially at fault for the collision to determine the fault percentage for each driver. The jury will also decide the damages or settlement amount to award. If it is decided that you and the other party are equally at fault, the settlement amount will be divided between the two of you.

What Kind of Damages Can I Recover in a Personal Injury Lawsuit?

Even if you were partially at fault for an accident, you’re entitled to receive the same damages you would if you were not. These are the same in most cases and include the following:

  • Medical costs: You can receive compensation for the medical costs and expenses you incur after the accident. These may comprise emergency treatment expenses, ambulance costs, hospitalization expenses, medications, surgeries, physical rehabilitation, and therapy costs.
  • Property damage: If the crash caused damage to your vehicle or other items, you may seek compensation for the cost of repair or replacement.
  • Lost wages: If the injuries are severe and limit your ability to work, you may be entitled to receive compensation for lost wages and the loss of your ability to work.
  • Pain and suffering: Your lawyers can help you pursue compensation for the emotional trauma, physical trauma, depression, anxiety, and diminished quality of life associated with the injuries.
  • Punitive damages: Depending on the case details and the extent of your losses, you can pursue punitive damages. The jury may grant these damages as punishment to the other party for their recklessness or their intentionally harmful behavior.

A Skilled Injury Attorney Helping You Pursue Compensation Even if You Were at Fault

The law in New York makes it possible to pursue compensation even if you were partially to blame for an accident. However, the amount you are entitled to receive may be reduced by your percentage of fault. Skilled civil litigation attorneys in New York can work with you to guide you through the nuances for a favorable outcome.

The Rizzuto Law Firm in New York hosts knowledgeable personal injury attorneys who can evaluate your case and provide legal counsel and representation as you pursue compensation. Pursuing compensation is often complex and time-consuming, but we won’t rest until you get what you rightfully deserve. Call us at 516-604-5496 to schedule a FREE consultation.