Beware of comparative fault in your car accident case

If you’ve been injured in a car wreck, then you probably want to recover the compensation that you need to obtain financial stability while you focus on your recovery. After all, your damages might be quite extensive, including significant medical expenses and lost wages. And you’ll probably want to be compensated for the pain and suffering that you’ve experienced, too. While you might be able to recover these losses through a personal injury lawsuit, you should be aware that these claims aren’t all about playing offense.

The importance of comparative fault

Under New York law, comparative fault is applicable to personal injury lawsuits. As a result, you might be able to recover compensation for your injuries even if you’re found to be 99% at fault. However, the exact amount that you’ll recover will be reduced by your allocation of fault. Therefore, a $100,000 award will be cut down to $50,000 if you’re found to be 50% responsible for the wreck in question

So, while it’s important to do everything you can to present evidence that imposes liability on a defendant, you can’t overlook the fact that the other side is going to try to shift the blame onto you so that they can avoid paying as much in damages as possible. This means that you’ll need to be prepared to defend your driving behavior and maybe even be armed with expert evidence that indicates how, exactly, the wreck occurred.

Take a holistic approach to your case

To maximize your chances of reaching the best outcome possible under the circumstances, you need to take a holistic approach to your case that leaves no stone unturned. You need to be aggressive in presenting your case against the defendant, but you also need to anticipate the defense’s arguments and be prepared to counter. It can be a complex process, but skilled legal professionals like those at our firm stand ready to help you build the competent case that you  deserve.