New York Personal Injury Lawsuit FAQs
Source: http://www.hg.org/
New York personal injury law provides compensation and justice for various types of personal injuries which a victim has suffered. Personal injury law provides compensation for those injuries which resulted from negligence. This negligence could be on the part of some individual, authority, hospital or even New York State authorities. The purpose of personal injury law is to provide financial compensation to the victims of auto accidents, car accidents, truck accidents, medical malpractice and negligence.
However, if you are planning to file a personal injury lawsuit within New York then you must acquaint yourself with various facts related to New York personal injury law as given below:-
1. Is there any time limit to file a personal injury lawsuit in New York State?
Yes, there is a time limit to bring a personal injury lawsuit. This time limit is known as Statute of Limitations. Each and every U.S state has its own Statute of Limitations. The New York Statute of limitations for personal injury cases is three years from the actual date of accident/personal injury. A Notice of claim involving New York City authorities should be filed within 90 days and a personal injury lawsuit must be filed within 1 year and 90 days. The Statute of Limitations for wrongful death cases is two years from the date of death. Similarly for medical malpractice cases, it is two years and six months. You must consult your personal injury attorney to know your State’s Statute of Limitations. Once your Statute of Limitations has expired then you would not be able to file a lawsuit. Therefore you must ensure that you file your lawsuit within the Statute of Limitations of your State.
2. What sorts of damages are covered under New York Personal Injury Law?
New York personal injury law provides compensation claim for various types of injuries as well as for conscious pain, suffering and trauma. Some additional damages are also covered such as damage to the vehicle/property, lost earnings, medical bills and several others.
3. What will I have to prove to win my case?
It is a complex process. Most of the defendant’s hire aggressive defense lawyers who work for the best interest of their clients. At trial, you and your personal injury lawyer needs to prove 2 things as given below: -
Liability – who is at fault? The jury will assign the percentage of fault for each party involved. For example, if there was a collision involving two cars and both the drivers say the other one ran a red light, then the jury can believe one side and will put driver 1 at 0% fault whereas driver 2 at 100% fault. In some cases this percentage can get split in 50-50 or any other degree of fault.
Damages – Along with the liability, you have to prove your injuries and losses. If there were any additional losses then you need to prove them as well. A medical report by an independent medical practitioner will help in establishing that you have suffered personal injuries. There are several cases where victims of minor brain injuries are not able to perform their work and it can seriously affect their future earnings. It can also increase future medical expenses. These issues need to be taken into considerations.
4. How would I know if I am having a good case?
If you or someone close to you has sustained personal injuries due to negligence of some individual or authority then you usually have a case. Before you file a personal injury lawsuit you must consider various factors which can affect the outcome of your personal injury lawsuit. It is best to seek services from an experienced personal injury lawyer who will help you receive justice and compensation from the negligent party involved.