A personal injury claim can be a great way to find accountability and recover compensation following a serious car accident. But, even if the evidence seems stacked in your favor, you can’t overlook the arguments that the other side might make. Doing so could severely hinder your case, which means reducing the amount of money that you recover from your claim or having you’re claim denied altogether.
A primer on New York’s contributory negligence law
One way that defendants in personal injury lawsuits try to defend themselves is by presenting evidence of contributory negligence. Under New York law, any recovery in a personal injury case is reduced by the amount of fault allocated to the plaintiff. So, the damages awarded to you can be reduced by half if you’re found to be 50% at fault for the accident. This kind of outcome can leave you struggling to pay for your recovery and make ends meet.
Defending against contributory negligence allegations
It’s critically important to your case that you prepare to defend yourself against contributory negligent arguments. You may need to have your witnesses testify as to your driving behaviors in the moments leading up to your accident, or you might have to have an expert testify that your behavior had minimal or no impact on the cause of the accident. You may have other strategies available to help you avoid these kinds of arguments, which is why it’s best to thoroughly discuss this aspect of your case with an experienced personal injury attorney.
Build the holistic case that you need to succeed
There are a lot of moving parts to a successful personal injury claim. That’s why you need to ensure that no stone is left unturned in your case, lest you be taken by surprise and have your case jeopardized. If you’d like to learn more about what you can do to build a thorough case that adequately protects your interests, then we encourage you to continue researching these matters and consider reaching out for support in building your case.