Hoffmaier & Hoffmaier is an NYC-based personal injury law firm focusing on car accidents, slip and fall accidents, medical malpractice, workplace accidents, and more. Our accident attorneys have helped many New Yorkers with their personal injury lawsuits.
Whether you were in a truck or motor vehicle accident, slip and fall accident, dog bite accident, workplace accident, or another accident, and your injuries were caused by the negligence or wrongdoing of another individual, it is important to pursue justice for the injuries and financial damages you’ve suffered. You shouldn’t have to bear the weight of the financial losses alone. And with the help of a diligent and experience NYC personal injury attorney from Hoffmaier & Hoffmaier, we will stand by your side and fight for fair and reasonable compensation for your injuries.
The first step in many personal injury cases, however, is proving negligence. In order to understand “negligence” as a legal term in the New York civil court system, it can be helpful to look at the state’s comparative fault laws.
Negligence in Personal Injury Cases
Negligence is one of the most important determining factors in personal injury cases. Not only does it strengthen the court system for providing justice for victims, but it also serves to protect individuals who caused an accident through no fault of their own. As a legal term, “negligence” is often defined as a failure to behave or act with the same level of care as a reasonable person in a similar situation.
As such, in order to successfully win your personal injury case, you have the “burden of proof” to show the courts that the other party caused the incident and the injuries. You also have to show that the other party was negligent or conducted some form of wrongdoing (such as breaking a law that led to the incident and your injuries).
Calculating Comparative Fault in NY
In a New York accident case, fault or negligence isn’t simply black or white. Instead, to make damage awards as fair as possible, New York courts look at “comparative fault.” In essence, comparative fault is a defense strategy that claims that the plaintiff of the case (the injured victim claiming damages) was also partly negligent in his/her actions. The courts then break this negligence into percentages, which directly affects the total amount of damages that can be awarded to both parties.
To better understand how comparative fault is calculated, it can help to look at the following example. Imagine that Car B ran through a red light, hitting Car A. At first glance, it seems that Car B was 100% at-fault for the accident. The plaintiff can prove that Car B ran through the red light, and Car B’s tickets from the local police serve as good evidence that Car B was negligent. At the same time, however, eyewitness accounts and a traffic camera show that the driver of Car A (the injured individual) was talking on the phone during the time of the accident.
In this example, the driver of Car A is seeking $10,000 in damages. However, the courts find that Car B was 80% at-fault and Car A was 20% at-fault (for talking on a phone while driving). As such, the total amount that Car A could receive is $8,000.
Contact Hoffmaier & Hoffmaier for NY’s Leading Attorneys
When calculating the desired settlement amount to fairly and reasonably cover the damages you suffered in an accident, it is essential to be diligent and include any potential expense you may have, which includes potential future expenses. Furthermore, it is important to account for any negligence that you contributed to the accident.
With the help of NYC’s personal injury attorneys at Hoffmaier & Hoffmaier, we’ll work closely with you, one-on-one, and use our wide network of resources to better determine a fair compensation. We will fight by your side in the courts, challenging the defense’s narrative and evidence regarding your level of negligence.
For a free consultation with the attorneys at Hoffmaier & Hoffmaier, call our Manhattan law office today at (212) 777-9400.