In the realm of personal injury law, understanding the nuances of comparative negligence is crucial, especially in states like New York. At Andrews, Bernstein & Maranto, PLLC, we comprehend the intricacies of this legal concept and how it can impact your case. Let’s delve into the depths of comparative negligence law in New York and shed light on its implications.
Understanding Comparative Negligence
Comparative negligence is a legal doctrine used to allocate fault in personal injury cases where more than one party is responsible for the plaintiff’s injuries. Unlike some states that adhere strictly to contributory negligence, New York follows a comparative negligence system, specifically the “pure comparative negligence” rule. Under this rule, a plaintiff can still recover damages even if they are also at fault for the accident. However, their compensation will be reduced by their percentage of fault.
Assessing Fault in New York
One aspect crucial to grasp is the application of comparative negligence in New York. Courts determine fault based on each party’s degree of negligence. For instance, in a car accident case where the plaintiff was texting while driving but was hit by a speeding driver running a red light, the court would assess each party’s degree of fault. If the plaintiff is found 20% responsible for the accident and the defendant 80%, the plaintiff’s compensation would be reduced by 20%.
The Role of Evidence
Strong evidence is pivotal in comparative negligence cases. At Andrews, Bernstein & Maranto, PLLC, we understand the significance of gathering evidence to support your claim. Evidence such as police reports, witness testimonies, photographs of the accident scene, and medical records can significantly strengthen your case. Our experienced attorneys meticulously gather and analyze evidence to build a compelling argument in your favor.
Understanding Statute of Limitations
It’s essential to be aware of the statute of limitations for filing personal injury claims in New York. The statute of limitations for most personal injury cases including those involving comparative negligence — is three years from the date of the accident. However, certain exceptions may apply, highlighting the necessity of consulting with a knowledgeable attorney promptly.
Exploring Legal Strategies
In complex comparative negligence cases, having a robust legal strategy is paramount. Our team at Andrews, Bernstein & Maranto, PLLC, utilizes a multi-faceted approach to fight for the best possible outcome for our clients. We conduct thorough investigations, consult with specialists when necessary, and craft persuasive arguments to present in court.
Our attorneys are well-versed in New York’s legal landscape and stay updated on any changes or precedents that may affect your case. We leverage this knowledge to anticipate potential challenges and proactively address them, safeguarding your interests every step of the way.
Client-Centered Advocacy
At Andrews, Bernstein & Maranto, PLLC, we prioritize client satisfaction and aim to provide personalized attention to each client. We understand that every case is unique, and we tailor our legal strategies to suit your specific needs and objectives.
From the initial consultation to the resolution of your case, our attorneys are dedicated to providing compassionate and responsive representation. We keep you informed about the progress of your case, address any concerns you may have, and work tirelessly to achieve the best possible outcome on your behalf.
Educational Resources
In addition to legal representation, we offer educational resources to help you understand your rights and legal options. Our website features informative articles, FAQs, and blog posts covering various aspects of personal injury law, including comparative negligence in New York.
We believe that informed clients make better decisions, and we empower you with the knowledge you need to navigate the legal process with confidence. Whether you have questions about your case or want to learn more about personal injury law, we are here to provide reliable information and guidance.
Community Involvement
At Andrews, Bernstein & Maranto, PLLC, we are committed to giving back to the community. We actively participate in charitable events, sponsor local initiatives, and support organizations that promote safety and well-being in our communities.
We believe that being socially responsible is an integral part of our practice, and we strive to make a positive impact beyond the courtroom. By supporting causes that matter to our clients and neighbors, we demonstrate our dedication to creating a safer and more equitable society for all.
Continued Support
Our commitment to our clients extends beyond the resolution of their cases. We offer ongoing support and assistance to help you rebuild your life after a personal injury. Whether you need referrals to medical specialists, assistance with insurance claims, or guidance on accessing resources, we are here to help.
At Andrews, Bernstein & Maranto, PLLC, we understand the physical, emotional, and financial toll that personal injuries can take on individuals and their families. That’s why we go above and beyond to provide comprehensive support and advocacy every step of the way.
Professional Consultation
In complex personal injury cases, having access to testimony can be invaluable. Our firm collaborates with a network of trusted specialists, including accident reconstruction specialists, medical professionals, and economists, to strengthen our clients’ cases.
By leveraging testimony, we can provide compelling evidence to support your claim and maximize your chances of securing fair compensation. Our attorneys work closely with these specialists to ensure that their testimony aligns with the facts of your case and effectively illustrates the extent of your damages.
Transparent Communication
Effective communication is key to a successful attorney-client relationship. At Andrews, Bernstein & Maranto, PLLC, we prioritize transparency and open communication with our clients. We keep you informed about all developments in your case, promptly respond to your inquiries, and provide honest and straightforward advice.
You can trust that our attorneys will always act in your best interests and keep you fully informed about your rights and legal options. We believe that by fostering a collaborative and transparent relationship with our clients, we can achieve the best possible outcomes together.
Continuous Legal Education
Our attorneys regularly participate in continuing legal education programs, seminars, and conferences to stay abreast of changes in the law and emerging trends in personal injury litigation.
By investing in our professional development, we ensure that our clients receive the highest caliber of legal representation. Our attorneys are well-equipped to navigate even the most complex legal challenges and devise innovative strategies to protect your rights and interests effectively.
Accessible Legal Representation
At Andrews, Bernstein & Maranto, PLLC, we believe that access to justice should not be limited by financial constraints. That’s why we offer flexible fee arrangements, including contingency fees, which means you don’t pay any attorney fees unless we successfully recover compensation on your behalf.
We understand that personal injury cases can impose significant financial burdens on individuals and their families. Our fee structures are designed to alleviate some of that stress and ensure that everyone has access to top-notch legal representation, regardless of their financial situation.
If you’ve been injured due to the negligence of others, don’t wait to seek legal help. Contact Andrews, Bernstein & Maranto, PLLC, today for a consultation. Our experienced attorneys are ready to evaluate your case, explain your rights, and advocate fiercely on your behalf.
Remember, time is of the essence when it comes to personal injury claims. Evidence can deteriorate, witnesses may forget crucial details, and the statute of limitations could expire. By taking action now, you can protect your rights and increase your chances of obtaining the compensation you deserve.
Don’t face the complexities of the legal system alone. Let us guide you through every step of the process and fight tirelessly to secure the best possible outcome for your case. Call us today to schedule your consultation and take the first step towards justice and recovery.