Liability determines who is legally responsible for causing harm in both personal injury and criminal law. Understanding how liability works is essential to proving fault, assigning damages, and protecting one’s rights after an accident or criminal allegation.
Liability defines who must pay for injuries, property damage, or other losses caused by negligent or unlawful behavior. In New York, it can take many forms depending on the type of case, civil or criminal, and the circumstances involved.
Liability refers to a person’s or entity’s legal responsibility for their actions or omissions. When someone’s conduct causes harm, they may be held liable to the injured party through civil law or the state through criminal law.
In personal injury cases, liability typically arises from negligence, meaning the person failed to act with reasonable care. In criminal law, liability stems from intentionally or recklessly breaking a law.
To establish civil liability, an injured party must prove four key elements:
If all four elements are proven, the defendant can be held liable for the resulting damages.
Different types of liability can apply depending on the situation.
In personal injury cases, the most common include:
In criminal law, liability may be direct (for committing the offense) or accessory (for helping or encouraging the crime).
Understanding which type applies is the first step in determining who is financially or legally responsible.
In personal injury claims, liability determines who must compensate the injured party. Most cases are based on negligence, where a person or company failed to act reasonably under the circumstances.
Examples include:
Each of these situations involves a failure to meet a duty of care, resulting in harm.
New York follows a pure comparative negligence rule. This means that even if you were partly at fault for your injury, you can still recover damages. If you share responsibility, your award is simply reduced by your percentage of fault.
For example, if you were found 25% responsible for a car accident and your total damages were $100,000, you could still recover $75,000.
This rule ensures that victims aren’t barred from recovery just because they share some blame.
New York is a no-fault state, which means that drivers first turn to their own Personal Injury Protection (PIP) coverage for medical expenses and lost wages after a car accident, regardless of who caused the crash.
However, if your injuries meet New York’s “serious injury” threshold, you can step outside the no-fault system and pursue a liability claim against the at-fault driver.
Examples of serious injuries include:
Once that threshold is met, you can seek compensation for pain and suffering, future losses, and other damages from the responsible party.
While civil cases focus on financial compensation, criminal liability determines whether someone can be punished by the state. A person found criminally liable may face fines, probation, or imprisonment.
For example, a driver who causes a fatal crash while intoxicated could face both civil liability (for damages) and criminal liability (for violating DUI laws).
Criminal liability requires proof beyond a reasonable doubt, a much higher standard than in civil cases, where the burden is based on a preponderance of the evidence.
To hold someone liable in a personal injury case, your attorney must present strong evidence linking the defendant’s actions to your injuries.
Useful forms of evidence include:
Evidence helps demonstrate both causation and damages, ensuring that liability is supported by facts rather than speculation.
If you’ve been injured or lost a loved one, timing is critical. New York law imposes strict filing deadlines. Personal injury claims must be filed within 3 years. Wrongful death claims have to be filed within 2 years.
Failing to file within these deadlines typically results in losing the right to pursue compensation, so it’s important to act as soon as possible.
Determining liability often requires extensive investigation and legal analysis.
A personal injury lawyer can:
Because every case is unique, legal guidance is often the key to proving fault and maximizing recovery.
Liability defines who must answer for harm caused by negligence or unlawful conduct. Understanding the nuances of civil and criminal liability (including comparative fault and no-fault insurance) is essential to protecting your rights in New York.
If you were injured by someone else’s negligence, Passalacqua & Associates, LLC can help hold them liable. Contact us today at (315) 500-6425 for a free consultation with a Syracuse personal injury lawyer.
Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.
Passalacqua & Associates, LLC proudly serves clients in Utica, Syracuse, and the surrounding upstate New York communities. We are dedicated to providing accessible and effective legal services to those in need of experienced personal injury and criminal defense representation within these regions.