Yes, you can still sue for an injury in New York, even if you were partly at fault. New York follows a legal rule called pure comparative negligence, which allows injured victims to recover compensation even if they share responsibility for the accident.
This rule is especially important in construction accidents, slip and falls, and motor vehicle cases, where insurance companies often try to shift blame to reduce payouts.
What Is Comparative Negligence?
Comparative negligence is a tort theory of liability that means “fault” can be divided between multiple parties, including the injured person.
If you are found partially responsible for your accident, your compensation is reduced by your percentage of fault but you are not barred from recovery.
Example:
If your total damages are $100,000 and you are found 30% at fault:
- Your recovery would be reduced by 30%
- You would receive $70,000
Even if you were 50% or more at fault, you can still recover compensation under New York law.
How Insurance Companies Use Fault Against You
Insurance companies frequently argue that the injured person:
- Was not paying attention
- Ignored warning signs
- Wore improper footwear
- Used equipment incorrectly
- Failed to follow safety rules
Their goal is to increase your percentage of fault to reduce how much they must pay. Many insurance companies will stop at nothing to paint you in a bad light, even going as far into trick you into admitting something against your own interests. This is why strong legal representation is critical.
Construction Accidents and Shared Fault
In construction accident cases, defendants often argue:
- The worker misused a ladder
- The worker failed to use available safety equipment
- The worker ignored site safety instructions
However, under New York Labor Law § 240 (Scaffold Law), workers injured in gravity-related accidents may still recover even if they were partially at fault unless they were the sole proximate cause of the accident.
These cases require careful legal analysis.
Slip and Fall Accidents
In slip and fall cases, defendants may claim:
- You were distracted
- You were wearing unsafe shoes
- The hazard was “open and obvious”
Even if a jury finds you partly responsible, you can still recover compensation just reduced by your percentage of fault.
Car Accidents and Comparative Fault
In motor vehicle accidents, fault is frequently disputed.
You may still recover damages if:
- You were speeding but another driver ran a red light
- You were partially distracted but another driver rear-ended you
- You made a minor mistake but another driver acted recklessly
Comparative negligence allows the court to allocate responsibility fairly.
Why Fault Determinations Matter
Your percentage of fault directly affects:
- The amount of compensation you receive
- Settlement negotiations
- Trial strategy
Insurance companies work aggressively to assign blame to injured victims. Early investigation and evidence preservation can significantly reduce unfair fault claims.
How a Lawyer Can Protect You
An experienced attorney can:
- Gather surveillance footage
- Obtain accident reports
- Interview witnesses
- Retain accident reconstruction experts
- Challenge exaggerated fault claims
As an experienced New York personal injury attorney, Steven Louros, Esq. works to minimize your assigned fault and maximize your compensation.
Time Limits Still Apply
Even if you were partly at fault:
- Most personal injury lawsuits must be filed within three years.
- Claims involving public entities may require a Notice of Claim within 90 days.
Delaying action can hurt your case.
When to Contact a Lawyer
If you were injured and believe you may share some responsibility, do not assume you don’t have a case.
You may still recover compensation for:
- Medical expenses
- Lost wages
- Future lost earning capacity
- Pain and suffering
- Permanent injuries
Let an experienced attorney evaluate your case before speaking extensively with insurance companies.
Why Choose the Law Office of Steven Louros for Your Case?
Multilingual Excellence:
- Native-speaking legal assistants from China and Korea
- Complete translation and interpretation services
- Cultural understanding that goes beyond language
- Community connections throughout NYC’s diverse neighborhoods
Comprehensive Legal Strategy:
- Immediate investigation and evidence preservation
- Relationships with medical specialists who understand cultural approaches to pain
- Expert witnesses who can counter insurance company arguments
- Aggressive negotiation backed by trial readiness
Available Languages:
- English
- 中文 (Mandarin Chinese)
- 廣東話 (Cantonese)
- 한국어 (Korean)
Contact Information:
Phone: (212) 481-5275
Email: Use the contact form found here
Address: 1261 Broadway, Suite 507
New York, NY 10001
Office Hours:
- Monday – Friday: 9:00 AM – 6:00 PM
- Saturday & Sunday: By appointment
What to Expect:
- Free initial consultation in your preferred language
- Honest assessment of your case’s strengths and challenges
- Clear explanation of your legal rights and options
- No pressure to hire us – the choice is always yours
- Immediate action plan if you decide to proceed
Call now for your free consultation: (212) 481-5275
Remember:
- You pay nothing unless we win your case
- All consultations are completely free
- We come to you if you’re unable to travel
- Your immigration status doesn’t affect your rights
- Time limits apply to filing claims
We fight to the end for clients across Manhattan, Brooklyn, Queens, The Bronx, Staten Island, and Long Island—providing personalized, results-driven legal care in the language you’re most comfortable speaking.
Legal Disclaimer: This content is the exclusive property of the Law Office of Steven Louros and is protected by copyright law. Any unauthorized reproduction, distribution, or use of this material is strictly prohibited and may result in legal action. The information provided on this website is for educational purposes only and does not constitute legal advice. Every personal injury case is unique, and past results do not guarantee future outcomes. For specific legal guidance regarding your situation, please contact our office directly for a confidential consultation with one of our experienced attorneys.
The Law Office of Steven Louros has been serving New York City’s diverse communities with distinction, providing aggressive legal representation while respecting cultural values and overcoming language barriers. Our commitment to excellence and client service has made us the trusted choice for personal injury victims throughout NYC’s five boroughs and Long Island.
