How Does NY Pure Comparative Negligence (CPLR § 1411) Affect My Recovery? - Keetick L. Sanchez
Notas del episodio
From K L Sanchez Law Office, P.C. - How Does NY Pure Comparative Negligence (CPLR § 1411) Affect My Recovery? breaks down how fault percentages under CPLR § 1411 shape what an injured person can recover in New York, and why the rules are not the same for every type of case. The description walks through how CPLR § 1411(a) applies pure comparative negligence to general personal injury claims, while CPLR § 1411(b) applies a modified comparative negligence standard to motor vehicle claims tied to Insurance Law Article 51. Listeners will hear how these two statutory paths lead to very different outcomes depending on whether the underlying case is a fall, a construction accident, or a car crash in Queens or elsewhere in New York City.
The discussion covers how fault percentages are actually decided, whether through negotiation with an insurance adjuster or through a decision by a judge or jury, and how evidence such as police accident reports, dashcam footage, witness statements, and medical records shapes that outcome. It also references Rodriguez v. City of New York, 31 N.Y.3d 312, and explains how a claimant seeking partial summary judgment on liability is not required to first disprove their own comparative fault. Sample recovery calculations show how a $100,000 verdict shrinks under CPLR § 1411(a) as fault rises, and how a $200,000 jury valuation in a car accident claim can be reduced proportionally or barred entirely once fault under CPLR § 1411(b) exceeds 50%.
Keetick L. Sanchez of K L Sanchez Law Office, P.C. is featured discussing how these comparative negligence rules play out for real clients. Attorney Sanchez, who is admitted to practice in New York and in Texas and appears throughout Queens and New York City, brings experience from working as a trial litigation paralegal before attending Touro College Jacob D. Fuchsberg Law School, and later litigating personal injury cases at a New York City personal injury firm. The episode also touches on the serious injury threshold under Insurance Law § 5102(d), the no-fault framework under Insurance Law Article 51, and tactics insurers may use to inflate a claimant's assigned share of fault.
This episode is a useful primer for anyone trying to understand how CPLR § 1411 and CPLR § 1412 work together to determine who bears the burden of proving fault and how that fault translates into dollars and cents. From slip-and-fall and premises liability cases to car accident claims governed by Insurance Law Article 51, the conversation ties statutory language to practical, real-world recovery outcomes. To speak with K L Sanchez Law Office, P.C. about how CPLR § 1411 may apply to a specific claim, listeners are encouraged to call (646) 701-7990 for a free consultation.
K L Sanchez Law Office, P.C.
37-06 82nd St #304, Jackson Heights, NY 11372
(646) 701-7990