Overview of the Negligence Laws in New York State

Overview of the Negligence Laws in New York State

If you or someone you love has sustained injury as a result of another person's negligence, carelessness, or wrongful behavior, you may be eligible to pursue compensation from the liable party. Hiring a personal injury lawyer who possesses a comprehensive understanding of negligence laws here in New York State will give you a distinct advantage when it comes time to file your claim or defend your case in court.

At The Odierno Law Firm, P.C., our lawyers have more than 30 years combined personal injury law experience, and we have helped numerous individuals maximize their claims, even in cases where contributory negligence has been established. We provide counsel on a contingency fee basis, so clients never have to worry about paying up-front legal fees.


To get started, all you need to do is contact our law firm today.


Why Is It Important To Prove Negligence?

All personal injury claims and lawsuits, stemming from an act of negligence, hinge on the victim's ability to definitively prove the negligent party was responsible for causing his or her injuries. It does not matter whether the negligent party's actions or inactions were intentional. The law simply requires you to prove that the party who is allegedly liable for your injuries acted irresponsibly or failed to act in the same responsible way in which a prudent individual would act in the same circumstances. If your injuries are found to have been caused as a result of another person's gross negligence or reckless disregard for safety of others, the court may award punitive damages in addition to any economic and non-economic damages sought.

What If The Victim Is Partially To Blame?

In personal injury cases it is not uncommon for the liable party to argue that it is the victim who is partially or entirely responsible for his or her own injuries. While this is often used as a tactic to deny liability, if your injuries can be partially attributed to your own acts of negligence, it will have an impact on the estimated value of your claim.

State laws refer to this as comparative negligence. According to New York Civil Practice Law & Rules Article 14-A (1411-1413), recoverable damages will be reduced in direct proportion to the percentage of fault assigned to the victim. This does not mean that you as the victim will be ineligible to recover damages, it only means you will be required to accept a certain level of financial culpability for your own actions.

Contact Experienced Legal Counsel Today!

If you have been seriously injured and want to understand how state negligence laws may affect your case, we advise you speak with a Long Island personal injury lawyer at The Odierno Law Firm, P.C. right away. We are here to help you maximize the amount you recover in your claim, and we are personally committed to those we represent.

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