Who Is at Fault for My Personal Injury?

When you have been hurt in an accident of some kind, it can be difficult to determine who was at fault while you recover from your injuries. While an insurance company might conduct their own investigation, their primary goal will be to disprove that their client was at fault—regardless of what the facts indicate.

The bureaucracy of the legal system is hard to understand, even if you are not recovering from an injury, so seeking guidance is a good idea. A personal injury lawyer from Greenstein & Milbauer, LLP can conduct an investigation on your behalf so that you know just who owes you a settlement..

New York’s Comparative Negligence Laws

Your accident might have had nothing to do with negligence on your part, or maybe you were partially responsible for some of what happened. Either way, everyone will be trying to lay the blame on your shoulders. If they can show that you were at least partially at fault, your compensation will be reduced.

This is because New York uses a “pure comparative negligence rule,” which means that the percentage of fault you are found responsible for will reduce your settlement by that same percentage. For example, if you are 10 percent at fault and receive a settlement of $100,000, you would then only receive $90,000 to cover all of your medical bills and other damages. This is why having a legal team with the resources to do a proper investigation on your behalf is so important.

When the Fault Lies with Multiple Parties

There are many instances where more than one individual or entity could be at fault for the same accident. These are just a few examples:

  • A drunk driver may have run you off the road, but a proper shoulder and side rail would have reduced the extent of your injuries.
  • Construction zone accidents could be due to a combination of a negligent contractor and malfunctioning equipment.
  • In malpractice cases, a drug manufacturer might have produced a tainted batch of medication, but if the pharmacist had been paying attention, he or she might have saved you from further complications.

In every instance, we will have to file a personal injury claim against all of the at-fault parties so that we can ensure the maximum potential compensation.

Contact a Catastrophic Injury Lawyer

If you or a loved one has been hurt in an accident, you deserve to be compensated for your medical costs and any lost income. Facing the legal system alone is daunting, but doing so against the army of attorneys that insurance companies can afford is even more so. Get in contact with a personal injury lawyer from Greenstein & Milbauer, LLP to have a frank discussion about your case, the odds, and what your best course of action is.

Call us at 1-800-VICTIM2 (842-8462) to schedule a free, no-obligation consultation or fill out the form below to set up a good time for us to call you back.

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