If you’ve been injured in an accident in New York, you may be entitled to compensation for your injuries, medical bills, and other damages. However, if you’re found to have contributed to your injuries in any way, you may not be able to recover the full amount of damages you’re entitled to. This is because of the legal concept of contributory negligence, which can significantly impact personal injury claims in New York.

What is Contributory Negligence?

Contributory negligence is a legal concept that means that if an individual contributes to their injuries in any way, they may not be entitled to recover the full damages in a personal injury claim. Contributory negligence is often used as a defense by the defendant in a personal injury case, as it can reduce or eliminate their liability for the plaintiff’s injuries.

How Does Contributory Negligence Affect Personal Injury Claims in New York?

New York is one of the few states in the US that still follows the pure contributory negligence rule. Under this rule, if a plaintiff is found to have contributed to their injuries in any way, they are barred from recovering any damages from the defendant. This means that even if the defendant were primarily at fault for the accident, the plaintiff would not be able to recover any damages if they are found to have contributed to their injuries in any way.

For example, if a pedestrian is hit by a car while crossing the street but was also distracted by their phone at the time of the accident, the pedestrian may be found to have contributed to their injuries. In this case, the pedestrian could not recover damages from the car’s driver, even if the driver was primarily at fault for the accident.

What Can You Do If You’re Facing a Claim of Contributory Negligence?

If you’re facing a claim of contributory negligence in a personal injury case, it’s important to work with an experienced personal injury attorney who can help you build a strong defense. Your attorney may be able to argue that you were not negligent or that your negligence did not contribute to your injuries.

For example, if you were injured in a slip and fall accident at a store, but the store failed to properly maintain its premises, your attorney may argue that the store was primarily at fault for the accident and that your negligence did not contribute to your injuries. Alternatively, your attorney may be able to argue that the defendant was negligent even if you were also negligent.

It’s important to note that even if you are found to have contributed to your injuries in some way, you may still be able to recover damages under New York’s comparative negligence rule. Under this rule, your damages will be reduced by the percentage of fault assigned to you. For example, if you were found to be 25% at fault for your injuries, your damages would be reduced by 25%.

Contributory negligence can significantly impact personal injury claims in New York. If you’re facing a claim of contributory negligence, it’s important to work with an experienced personal injury attorney who can help you build a strong defense. With the right legal strategy, you can recover the full amount of damages you’re entitled to, even if you are found to have contributed to your injuries in some way.