What is Article 16 in a New York Injury Case?

If you’ve been injured in an accident, you likely have many questions about your legal rights and compensation options. Personal injury cases can be complex, especially when multiple parties involved share responsibility for your injuries. In these situations, apportionment is the legal process for dividing liability among the responsible parties. While many cases involve two parties—the plaintiff and the defendant—Article 16 of the CPLR is especially relevant when there are multiple persons or entities involved. Understanding how liability is divided between defendants is crucial for your case strategy and ensuring you receive full compensation. But how does New York law handle situations where more than one person is at fault, and what is Article 16 in a New York injury case? What does this mean for your potential recovery?

In a New York personal injury case, the injured party (the plaintiff seeking compensation) may pursue claims against all persons who may be liable for the harm suffered. These responsible parties, known as tortfeasors, can include individuals or entities whose negligence contributed to the injury. Article 16 of the CPLR governs how damages are apportioned among multiple tortfeasors, limiting each defendant’s responsibility based on their percentage of fault. Understanding the words and legal terminology used in Article 16 is essential for navigating these cases effectively.

Introduction to Article 16

Article 16 is a vital part of New York’s Civil Practice Law & Rules (CPLR) that directly impacts personal injury actions involving multiple parties. In personal injury cases where more than one defendant is found liable for the plaintiff’s injuries, Article 16 sets the rules for how noneconomic damages—such as pain and suffering, mental anguish, and loss of consortium—are divided among the responsible parties, highlighting the importance of apportionment. This means that when multiple parties are involved in causing an injury, each defendant is only responsible for their specific percentage of fault, rather than the full amount of noneconomic damages.

For example, if a plaintiff is injured in an accident due to the negligence of several defendants, Article 16 ensures that each party pays only for the portion of pain, suffering, and other non-economic losses they caused. The court or jury will determine the percentage of fault for each defendant, and compensation is then divided accordingly. This approach helps ensure fairness in personal injury cases, so that no single party is unfairly burdened with damages that should be shared among all those responsible. Article 16 is especially important in cases with multiple parties involved, as it clarifies liability and helps injured plaintiffs recover the compensation they deserve for their suffering and loss.

One Accident, Multiple Defendants

Personal injury cases often involve multiple parties, including other tortfeasors, who may share responsibility for causing your injuries. When you file a lawsuit as the plaintiff, it’s entirely possible to name more than one defendant if several people or entities contributed to the accident that harmed you, and the lawsuit seeks compensation for the plaintiff’s injuries.

Consider these common scenarios: A car accident might involve two negligent drivers who are each partially at fault and both contributed to the crash, each having a portion of the overall fault. A medical malpractice case could name multiple doctors, nurses, or hospital staff members who each played a role in providing substandard care, potentially leading to lost wages for the victim. In premises liability cases, both a property owner and a maintenance company might share fault for dangerous conditions that caused your slip and fall, resulting in harm to the victim.

CPLR Article 16

Article 16 of the Civil Practice Law and Rules (CPLR) is the New York law that governs how liability is divided when multiple parties are responsible for your injuries. This important legislation, enacted in 1966, fundamentally changed how personal injury cases with multiple defendants are handled, but there are specific limitations to its application, meaning its use is often limited in scope. Before Article 16, any single defendant could be severally liable and forced to pay the entire amount of damages, regardless of their actual level of fault.

Current law under Article 16 provides a more equitable approach. Defendants who are found to be less than 50% responsible for your injuries can have their liability for noneconomic damages limited based on their specific percentage of fault. The burden is on the defendant to prove by a preponderance of the evidence that they are only partially liable. For instance, if a defendant is determined to be 25% at fault for your injuries, they are only responsible for paying 25% of the non-economic damages awarded to you. However, any defendant found to be over 50% at fault may still be required to cover the full amount of applicable damages.

When determining fault, the jury finds each party’s percentage of responsibility for your injuries. The judgment will reflect the apportionment of liability among the defendants according to these findings. For example, if a plaintiff is awarded $100,000 in damages, and Defendant 1 is found to be 70% at fault while Defendant 2 is 30% at fault, Defendant 2 would be liable for the full $20,000 in economic damages and 30% of the non-economic damages. This system ensures that each party pays their fair share while still protecting your ability to receive compensation for your injuries.

What Does CPLR Article 16 Apply To?

It’s important to understand that Article 16 has specific limitations on when it can be applied. Only certain types of damages are covered by Article 16—specifically, it applies to non-economic damages in personal injury cases. Exceptions to Article 16 include situations where a defendant has engaged in reckless or intentional actions or has a non-delegable duty. The law does not apply to cases involving wrongful death or to property damage cases, as these are governed by separate statutes. Additionally, Article 16 does not affect economic damages, as all parties remain jointly and severally liable for these financial losses.

Article 16 specifically applies only to non-economic damages in personal injury cases. These are the intangible, subjective losses you experience as a result of your accident or injury that don’t have a clear dollar value. Non-economic damages include pain and suffering, loss of consortium, and loss of enjoyment of life, among others.

Pain and suffering
Emotional distress
Mental anguish
Loss of consortium
Loss of enjoyment of life

While most non-economic damages involve psychological or emotional elements, you can also be awarded compensation under this category for physical impacts like scarring, disfigurement, and permanent disabilities. Economic damages like medical expenses and lost wages remain fully recoverable from any defendant, regardless of their percentage of fault.

Can You Recover Damages if You Were at Fault?

This is one of the most common concerns we hear from injury victims. Many people worry that if they played any role in causing their accident, as an injured party, they won’t be able to recover compensation. The good news is that New York law allows you to pursue compensation even when you share some responsibility for what happened, due to the principles of comparative fault.

New York follows a comparative fault system in personal injury cases. This means that your compensation claim is reduced according to your percentage of fault, but you’re not completely barred from recovery. The state uses what’s called a pure comparative system, which is very favorable to injury victims.

Here’s how it works: If you were awarded $50,000 in damages but the court found you were 20% at fault for the accident, you would receive $40,000. Your damages are simply reduced by your percentage of fault as determined by the judgment. Remarkably, under New York’s pure comparative system, you could be found 99% liable for an accident and still receive that remaining 1% in damages.

Are you looking for guidance on what New York allows personal injury victims to recover? The attorneys at Seitelman Law Offices are here to help. Contact us for a free consultation and to discuss the details of your personal injury action.

Seeking Legal Help

Navigating personal injury cases with multiple parties can be challenging, especially when Article 16 and its rules for apportioning fault and damages come into play in court. Defendants can use the ’empty chair’ defense to point to the fault of other parties to reduce their non-economic damages liability. That’s why it’s crucial to seek legal help from an experienced attorney who understands the complexities of New York’s personal injury laws. A knowledgeable lawyer can evaluate your personal injury action, determine the percentage of fault for each party involved, and ensure that you pursue the full compensation you’re entitled to—including noneconomic damages like pain and suffering, mental anguish, and loss of consortium.

If you’re a plaintiff or defendant in a personal injury case, or if your claim involves wrongful death or property damage claims, don’t hesitate to contact a reputable law firm for a free consultation. An attorney can guide you through the legal process, explain how Article 16 may affect your case, and help you protect your rights. With the right legal support, you can confidently seek compensation for your injuries and losses, knowing that your interests are being represented every step of the way.