At Napierski, VanDenburgh, Napierski & O’Connor, LLP, we help individuals in Albany, NY understand their rights after an accident and guide them through every stage of a personal injury lawsuit. Determining fault is one of the most critical components of any claim, as it directly impacts compensation and legal strategy.

New York follows a pure comparative negligence rule, which means that fault can be shared among multiple parties. Even if you are partially responsible for an accident, you may still recover damages in a personal injury lawsuit; however, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault, your total recovery would be reduced by that same percentage.

Key Factors Used to Determine Fault

When evaluating fault, several types of evidence are considered to build a clear picture of what occurred. Our personal injury attorneys can help you gather data to support your claim. We carefully analyze all available information, including:

• Police reports that document the accident scene and initial findings
• Witness statements that provide independent accounts of the incident
• Photographs or video footage showing damage, conditions, or behavior
• Medical records that connect injuries directly to the accident
• Expert testimony, when necessary, to clarify complex circumstances

Each piece of evidence plays a role in establishing liability and strengthening your personal injury lawsuit. 

The Role of Insurance Companies

Insurance companies are heavily involved in determining fault, but their assessments are not always unbiased. Their goal is often to minimize payouts, which can cause disputes over liability. It’s important to have an experienced professional in your corner. Our team will advocate on your behalf to make sure that the fault is evaluated fairly and that your rights are protected throughout negotiations or the litigation process.

Why Legal Representation Matters

Working with a knowledgeable personal injury attorney can make a significant difference in how fault is determined and presented. We conduct thorough investigations, gather critical evidence, and build strong legal arguments to support your case. Our goal is to position you for the best possible outcome, whether through settlement or trial. We will work closely with you every step of the way. 

Supporting Clients in the Albany, NY Area

At Napierski, VanDenburgh, Napierski & O’Connor, LLP, we are committed to helping clients in Albany, NY navigate the complexities of a personal injury lawsuit with confidence. By clearly establishing fault and advocating for fair compensation, we strive to deliver results that support your recovery and future.

Contact our office today to schedule a consultation! Our experienced personal injury attorneys are here to help.