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How Will Comparative Negligence Affect My Personal Injury Claim?

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When you’ve been through a serious accident, it’s not just the other person who could be held responsible for the accident. Your part in your injuries may also be in question. As such, you’ll need to ask, “How will comparative negligence affect my personal injury claim?”

Unfortunately, it can have a major impact on your claim. If you’re not prepared to defend your claim and fight back against these accusations, you may struggle to get the compensation you need to recover. You may need to seek the help of an attorney to protect your compensation.

Reduction of Your Compensation

When you’re injured, you’re likely thinking mostly of the negligence of the other person. They may have been especially careless when causing your injuries. However, their defense may not focus solely on disproving your claim. They may also claim that you were partly responsible for the accident.

If you’re found partially to blame for your injuries, you could lose part of your compensation because of New York’s comparative negligence laws. That means your compensation could be significantly reduced if you’re found partly responsible.

For example, as a pedestrian you may have been hit by a distracted driver. You were injured, but you were also on the phone at the time of the injury. They may claim that because you were also distracted, your compensation should be reduced by, say, 20 percent. That means you’ll only receive 80 percent of your full compensation.

You Can Still Recover

If you’ve already been accused of partial responsibility, you may be concerned about getting your compensation at all. You need these funds to recover from serious injuries and mental trauma, so you’ll need to ensure you’ll get compensation at all.

Fortunately, you should eligible for compensation for your injuries, even if they claim you were significantly at fault for the injury. For example, even if the judge finds you 95 percent at fault for the accident, you may be able to recover 5 percent of your compensation.

However, you deserve more compensation for the damages you’ve suffered. If you’re concerned about getting the maximum amount you can seek, contact your Long Island attorney about building a strong defense for your personal injury claim.

Contact a Lawyer to Fight Comparative Negligence Accusations

After a personal injury, you’ll need to focus on protecting your claim from accusations of fault. That may mean seeking out an attorney from Jaghab, Jaghab & Jaghab, PC who can help you fight back for your compensation. If you’re struggling to fight back for your compensation, your attorney can help.

Contact us if you’re struggling with questions like, “How will comparative negligence affect my personal injury claim?” We can get you started with a free consultation, where we’ll show you how we can help with your case. We’ll review your claim and show you what we can do for you before you sign anything.

When you’re ready, reach out to our attorneys for help understanding comparative negligence. Give us a call at 516-747-8830 or complete the online form below.


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