Personal injury cases can be complex legal matters, and when it comes to determining fault, the concept of comparative fault plays a crucial role. If you’ve been involved in an accident or suffered injuries in Buffalo, New York, it’s essential to have a clear understanding of how comparative fault may impact your personal injury claim. This blog post aims to shed light on comparative fault in personal injury cases in Buffalo and explain how it can affect your right to compensation.
What is Comparative Fault?
Comparative fault, also known as comparative negligence, is a legal principle that assigns responsibility and allocates damages based on the percentage of fault each party bears in an accident or injury. In Buffalo, personal injury cases are governed by New York’s comparative fault laws, which follow the doctrine of pure comparative fault.
Understanding Pure Comparative Fault:
In a pure comparative fault system, an injured party can recover compensation for their injuries even if they are partially at fault for the accident. The amount of compensation they receive is reduced by their percentage of fault. For instance, if you are found to be 20% at fault for the accident and the total damages amount to $100,000, you would be eligible to receive $80,000 (80% of the total damages).
Impact on Personal Injury Claims in Buffalo:
Comparative fault can have a significant impact on personal injury claims in Buffalo. It emphasizes the importance of determining each party’s degree of fault accurately. Insurance companies and defense attorneys often try to shift blame onto the injured party to minimize their liability. It is crucial to have an experienced personal injury attorney by your side to protect your rights and ensure a fair assessment of fault.
Factors Considered in Comparative Fault:
- When determining comparative fault, several factors may be taken into account, including:
- Negligence: The degree to which each party’s actions or omissions contributed to the accident.
- Duty of Care: Whether each party fulfilled their duty of care to prevent harm to others.
- Contributory Actions: Any actions or behaviors by the injured party that may have contributed to the accident or worsened their injuries.
- Evidence: The available evidence, such as accident reports, witness testimonies, expert opinions, and medical records, will be crucial in establishing the degree of fault.
Role of Personal Injury Attorneys:
Navigating comparative fault in personal injury cases can be challenging, especially when insurance companies attempt to undervalue or deny your claim. Personal injury attorneys with expertise in Buffalo’s laws can provide valuable assistance. They will investigate the accident, gather evidence, assess fault, negotiate with insurance companies, and fight for your right to fair compensation.
Importance of Seeking Legal Advice:
It cannot be stressed enough how important it is to seek legal advice promptly after being involved in a personal injury case in Buffalo. Personal injury laws can be complex, and without proper guidance, you may unknowingly jeopardize your claim. An experienced personal injury attorney will have in-depth knowledge of the local laws, understand the intricacies of comparative fault, and be able to build a strong case on your behalf.
Gathering Evidence:
To establish the degree of fault accurately, gathering evidence is crucial. Your attorney will work diligently to collect evidence that supports your version of events and demonstrates the negligence or wrongdoing of the other party. This may include obtaining accident reports, gathering witness statements, analyzing medical records, consulting with experts, and reconstructing the accident scene if necessary. Thorough and detailed evidence collection is vital in proving the extent of your injuries and the other party’s liability.
Negotiating with Insurance Companies:
Insurance companies are known for their tactics to minimize payouts and protect their bottom line. They may try to exploit the concept of comparative fault to reduce the compensation they owe you. Having a skilled personal injury attorney by your side levels the playing field. They will handle all communication and negotiations with the insurance company, ensuring that your rights are protected and that you are not taken advantage of during the claims process.
Courtroom Representation:
In some cases, personal injury claims may proceed to trial if a fair settlement cannot be reached through negotiation. If your case ends up in court, your attorney will provide strong representation and present a compelling argument to demonstrate the other party’s fault and the extent of your damages. They will skillfully navigate the legal proceedings, present evidence, question witnesses, and advocate for your best interests to secure the compensation you deserve.
Understanding comparative fault is crucial when pursuing a personal injury claim in Buffalo. The concept plays a significant role in determining the amount of compensation you may be entitled to. Seeking legal advice from an experienced personal injury attorney who is well-versed in Buffalo’s laws is essential to protect your rights and maximize your chances of a successful claim. Remember, time is of the essence in personal injury cases, so don’t delay in consulting with a reputable attorney to ensure your interests are safeguarded and justice is served.
At Andrews, Bernstein & Maranto, PLLC, we have a team of skilled personal injury attorneys who are experienced in handling cases involving comparative fault in Buffalo. We understand the intricacies of New York’s pure comparative fault system and how it can impact personal injury claims. Here’s how we can assist you:
Legal Guidance: We provide comprehensive legal guidance to our clients, explaining the concept of comparative fault and its potential impact on their case. We ensure that our clients have a clear understanding of their rights and the steps involved in pursuing a personal injury claim in Buffalo.
Thorough Investigation: We conduct a thorough investigation into the accident and gather evidence to determine each party’s degree of fault. Our team will review accident reports, collect witness statements, consult with experts if needed, and analyze medical records to build a strong case on your behalf.
Building a Strong Case: Armed with compelling evidence, we build a strong case to establish the other party’s liability and minimize any attempts to shift blame onto you. We construct a persuasive argument that highlights the extent of your injuries and the negligence or wrongdoing of the responsible party.
Negotiating with Insurance Companies: Insurance companies often try to exploit comparative fault to minimize payouts. We handle all communication and negotiations with the insurance company, ensuring that your rights are protected and that you receive fair compensation. Our goal is to achieve a favorable settlement that reflects the true extent of your damages.
Litigation Representation: If a fair settlement cannot be reached through negotiation, we are prepared to take your case to court. Our attorneys are seasoned litigators who will represent you diligently in the courtroom. We will present a compelling case, question witnesses, and advocate for your best interests, aiming to secure the compensation you deserve.
Maximizing Your Compensation: Our primary objective is to maximize your compensation. We understand the financial and emotional burdens that personal injuries can impose on individuals and their families. We will pursue all avenues to ensure you receive the full and fair compensation to which you are entitled under the law.
At Andrews, Bernstein & Maranto, PLLC, we have a dedicated team of personal injury attorneys ready to assist you with your comparative fault case in Buffalo. We have the knowledge, experience, and resources to navigate the complexities of personal injury law and fight for your rights. When you choose us, you can trust that we will provide you with comprehensive legal representation and work tirelessly to secure the compensation you deserve.