Navigating the complexities of liability in construction accidents can be particularly challenging when you share some responsibility for the incident. If you find yourself in a situation where you are partially at fault for a construction accident, it’s essential to grasp how this might impact your claims for damages and the legal avenues still open to you.
Keep reading to learn more from a skilled New York construction accident lawyer with The Weinstein Law Group. If you were hurt in an incident that wasn’t your fault, call us at (212) 741-3800 to schedule a free consultation.
Understanding comparative fault in New York
New York operates under a comparative fault system, which means that an injured party can still recover damages even if they are partially at fault for their injuries. However, the compensation you can receive will be reduced by your percentage of fault. For example, if you are found to be 30% responsible for your accident, you can still recover 70% of the awarded damages.
Legal considerations for partial fault
Workers’ compensation claims
In most cases, workers’ compensation is not affected by fault. This no-fault system ensures that workers injured receive medical coverage and a portion of their wages, regardless of who caused the accident. Therefore, you should still be eligible for workers’ compensation benefits even if you are partially at fault.
Third-party claims
If a third party contributed to the accident — such as an equipment manufacturer or a subcontractor — you might have a viable personal injury claim against that party. In these cases, the comparative fault rule would apply, and any compensation could be reduced by your degree of fault.
Steps to take if you’re partially at fault
- Report the accident – Notify your employer and report the accident immediately, following all company protocols.
- Document everything – Collect as much evidence as possible, including photos of the accident scene, witness statements, and details about the environment or machinery involved.
- Seek legal advice – Contact a legal expert specializing in construction accident cases to discuss your options and the potential impacts of your partial fault.
How The Weinstein Law Group can help
Navigating a partial fault construction accident requires skilled legal representation to ensure that your rights are protected and you receive the maximum possible compensation. The Weinstein Law Group can assist with:
- Evaluating the accident and determining all liable parties
- Calculating the degree of fault and its impact on your compensation
- Pursuing all available legal avenues, including workers’ compensation claims and third-party lawsuits
- Negotiating with insurance companies and opposing counsel to achieve a fair settlement
New York statutes and legal resources
The following resources provide more information on New York’s laws regarding construction accidents and comparative negligence:
We’re here to protect your right to compensation
Being partially at fault in a construction accident doesn’t necessarily prevent you from recovering damages. Under New York’s comparative fault system, you may still have substantial rights to compensation. With the legal expertise of The Weinstein Law Group, you can navigate the complexities of your accident claim effectively, ensuring that you are compensated fairly for your injuries and losses.
If you’ve been involved in a partial fault construction accident, don’t hesitate to reach out to The Weinstein Law Group for a consultation to discuss the specifics of your case and your legal options.
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Steven M. Weinstein