New York Negligence Lawyers And Their Daily Challenges

Aug. 19, 2011 - PRLog -- In a recent interview, New York negligence lawyers The Law Offices of Eric R. Bernstein provided an overview of negligence case law that was enlightening and useful for New Yorkers to know in the eventuality of personal involvement in this type of litigation.

The main defense in a Personal Injury Negligence case, similar to an automobile accident or slip and fall case, is that the injured person might have contributed to causing the accident. In some states, this is called the Comparative Negligence Defense. The defense, if proven in Court, can reduce the compensation owed to a victim of an accident or completely eliminate the victim’s ability to recover.

According to The Law Offices of Eric R. Bernstein, many states believed that Contributory Negligence was too harsh a rule because, if the injured party was determined to be negligent but the defendant was much more responsible for the accident, the injured party would still be prohibited from recovery. In the harshest case, even if the injured party was 1% responsible and the defendant 99% responsible, the injured party would still be unable to recover compensation for his injuries in Court.

The Comparative Negligence Rule

Some states have adopted a Comparative Negligence Statute for negligence cases involving death, personal injuries or property damage. The Comparative Negligence Statute applies to all Personal Injury cases in which negligence is claimed, including car, truck and motorcycle accidents and slip and fall cases.

According to a Comparative Negligence Statute, it states that the fact that an injured party might have been negligent will not prohibit recovery where the negligence was not greater than the negligence of the defendant, but any damages sustained shall be diminished in proportion to the amount of negligence attributable to the injured party.

At the end of a personal injury trial, the judge will instruct the jury that they must decide whether the defendant was negligent and whether the injured party was also negligent. If the jury determines that both were at fault for the accident, the judge will instruct them to assign fault in percentages; that is, 50% injured party/50% defendant, 60/40, 80/20, 25/75, etc. Then, the jury is instructed to award damages for the injured party’s losses.

After the verdict is given, the injured party cannot recover damages if the jury found his or her fault at 51% or higher. If the jury determined that it was 50% or lower, the injured party can recover, but the damages, which the jury calculated, will be reduced by his percentage of fault. For example, if the jury finds the negligence 20% to the injured party and 80% to the defendant and calculates the damages as $100,000, the injured party’s verdict gets reduced by 20% to account for his 20% fault and he actually receives $80,000.

As always, individual circumstances vary widely, so The Law Offices of Eric R. Bernstein advises that you always consult and experienced and competent New York negligence lawyer before considering any further actions. For additional information, visit http://www.nyinjuryjustice.com or call 877-21-NYLAW, or 212-698-1530.

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The Law Offices of Eric R. Bernstein has been representing clients in Manhattan, New York City (NYC), Brooklyn, Queens, the Bronx, and Staten Island for 13 years. They also represent clients from Nassau and Suffolk County, Long Island.