Proving 100% Fault Increases Recovery in NY Car Crash Case

Author: Rosenberg & Gluck, LLP

Under New York law, if you are injured in a motor vehicle accident, you can recover compensation based on the degree of fault another party had in causing the accident.

A case in point is a lawsuit that Rosenberg & Gluck, LLP brought on behalf of their client who suffered headaches and occasional dizziness as a result of an auto accident. Allstate Insurance and their attorneys represented the defendant. They claimed that the plaintiff’s injuries were insignificant and did not qualify as serious enough to warrant any compensation. New York Insurance law section 5102 requires a “serious injury” or the case gets dismissed. Allstate refused to settle so the case went to trial. Rosenberg & Gluck proved that the plaintiff suffered from an inner ear injury as a result of the collision and convinced the jury there was a “serious injury.” The jury awarded the plaintiff $150,000 in damages.

Under Civ. Prac. L. & R. §1411 Damage Actions: Effect of Contributory Negligence and Assumption of Risk , the amount of recoverable damages are diminished in proportion to culpable conduct attributable to the claimant.

Digging deeper into the investigation, before trial, Rosenberg & Gluck, NY car accident lawyers, discovered a surveillance video from the building adjoining the accident site. This enabled them, in a motion for summary judgment, to prove that the defendant was 100% responsible for the collision. This additional evidence increased the recovery by $41,000 in interest for a total award of $191,000.

Get a legal opinion

Our tenacious approach to cases and commitment to details make Rosenberg & Gluck, LLP stand apart from other New York City car accident law firms. If you suffer serious injury in a car accident, consult experienced lawyers. A Suffolk County car accident lawyer can evaluate the prospects of pursuing a case.