Understanding Comparative Negligence in New York Personal Injury Cases

What happens if you were partly at fault for your accident—but still got hurt? In many states, that might mean you can’t recover anything. But in New York, the law works differently.

At Vlahadamis Law, we help clients navigate the legal concept of comparative negligence—a key factor in many personal injury cases across New York, including car crashes, slips and falls, dog bites, and more.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine used to determine how fault is shared in a personal injury case. In New York, we follow a pure comparative negligence rule. This means:

Even if you’re partially—or even mostly—at fault, you can still recover compensation for your injuries.

Unsure how injury claims work in NY? Our step-by-step guide explains timelines, compensation types, and how to protect your rights.

How It Works

Let’s say:

  • You’re awarded $100,000 in damages.
  • But you’re found to be 30% at fault.

Your award would be reduced by 30%, meaning you’d still receive $70,000.

What Situations Involve Shared Fault?

  • Car accidents
  • Pedestrian accidents
  • Slip-and-falls
  • Dog bites

Why It Matters in New York

Some states bar recovery if you’re more than 50% at fault. New York does not. Even if you’re 90% responsible, you can still collect 10% of the damages.

How Is Fault Determined?

  • Insurance adjusters
  • Judges or juries
  • Evidence like witness statements, footage, and expert opinions

Injured and Not Sure Who’s at Fault? Talk to Us.

Call or text Vlahadamis Law today for a free consultation.

Why choose Vlahadamis Law?

We Know New York’s Laws Inside and Out
We Build Strong, Evidence-Backed Cases
We Don’t Let Mistakes Define Your Outcome