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Comparative Negligence: Their Fault, Your Fault

Comparative Negligence: What happens when they try to blame you for your injury?

In New York State, an accident victim may receive less than 100% of their damages, even if they “win” their case. That is because New York State law allows for a defense called “comparative negligence.” What is Comparative Negligence? New York State is a pure comparative negligence state. That means that if both the plaintiff and defendant contributed to the accident, the court must determine each party’s percentage of fault and award compensation accordingly. This can mean that even if a party is almost entirely at fault for an accident, he may still receive compensation. How does Comparative Negligence work?Continue Reading

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