After an accident resulting in injury, there is a natural inclination to assign fault to a single party. However, New York law recognizes that many major accidents, including collisions, worksite accidents, and premises liability cases, often involve multiple entities that bear shared liability. Understanding this principle is crucial, as it affects the potential damages you can collect and from whom you can seek them. Consulting a seasoned New York City Personal Injury Attorney is highly advisable for guidance and skilled representation during this difficult time.
Why Does It Matter If Multiple Parties Caused Your New York Accident?
In New York, an accident often involves shared legal responsibility among several individuals or entities. Identifying all parties who caused or contributed to your injuries is crucial, as this can expand the available insurance coverage and substantially impact your financial recovery.
Each responsible party may have its own separate insurance coverage, maximum payouts, and assets. If you only pursue a claim against one, you risk missing out on significant compensation for your damages, especially if the most apparent party has low coverage limits or disputes responsibility for the incident. A skilled New York City personal injury attorney at Swerling Law is prepared to investigate all the unique circumstances, agreements, and connections to determine everyone whose carelessness might have contributed, ensuring you aren’t dependent on just one insurer for full recovery.
How Does Fault Work in New York?
New York operates under pure comparative negligence. This system allows a jury or judge to determine the percentage of responsibility for every party involved, including the plaintiff. If you are partially responsible, your awarded damages will be reduced by your percentage of fault. However, you are not prevented from collecting damages, even if your share of responsibility is over half. For instance, if you are deemed 20% at fault and your total damages equal $100,000, your final award would be $80,000. This rule emphasizes the importance of legal representation to challenge defendants who may attempt to inflate your portion of the blame.
In cases with multiple defendants, the court will also assign each defendant a percentage of blame (e.g., Driver A 40%, Driver B 30%, your employer 10%, you 20%). These figures determine the amount each defendant is liable for paying under New York’s rules concerning joint and several liability. Without a thorough investigation, these fault percentages could be distorted in ways that unfairly limit your financial recovery.
Who Pays What?
New York’s joint and several liability rules are crucial. For economic damages, a defendant, even 1% at fault, can be held fully liable; if one defendant can’t pay, another must cover the whole amount, then seek contribution. For non-economic damages, full responsibility usually requires a defendant to be 50% or more at fault; otherwise, liability is limited to their fault percentage. An attorney strategically frames the case to maximize collection.
If one negligent party is underinsured, but another has substantial coverage and is the party at fault, the joint and several liability doctrine is vital. Properly establishing the fault of the better-insured defendant can be the difference between full compensation and a shortfall. An attorney at Swerling Law knows how to present evidence to ensure that the parties with greater ability to pay assume their full share of responsibility.
For more information, please don’t hesitate to contact a dedicated attorney at Swerling Law.