What Pure Comparative Negligence Means
Under CPLR §1411, an injured person's recovery is reduced by their percentage of fault — but they can recover even if they were mostly to blame. A plaintiff found 70 percent at fault can still collect 30 percent of their damages.
How Fault Gets Assigned
Juries (or insurers, in settlement) assign percentages based on the evidence. This is why insurers work so hard to pin fault on you — every point reduces what they owe.
Don't Disqualify Yourself
Because the rule is so forgiving compared to other states, injured New Yorkers should never assume they have no case. Let an attorney evaluate the facts before you give up.
Injured in New York? Injury Claim Team connects you with an experienced New York personal injury attorney at no cost. Call 973-566-5599 or request your free case review — a specialist will reach out within the hour.