New York Personal Injury Law FAQ

New York personal injury law provides justice and compensation for various types of damages and injuries which you or someone close to you has suffered. Personal injury law provides compensation for various types of injuries which resulted from negligence of some individual or authority. New York personal injury law provides financial compensation in various cases such as auto accidents, car accidents, medical malpractice or negligence, and several others.

Before you file a personal injury lawsuit you must acquaint yourself with New York personal injury law as given below:-

1. Is there a time limit to bring a lawsuit in New York?

The time limit to file a personal injury lawsuit 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 date of accident/injury. Notice of claim involving New York City authorities must be filed within 90 days and a personal injury lawsuit must be filed within 1 year and 90 days. Time limit for wrongful death is two years from the date of death. Similarly, it is two years and six months for medical malpractice cases. You should always consult your attorney to know your Statute of Limitations.

2. What sorts of damages are covered under New York Personal Injury Law?

Most of the compensation claim includes compensation for conscious pain and suffering including past and future. Some additional elements of damages can include medical bills, damage to the property such as an automobile in a truck accident, lost wages which can result in further emotional trauma.

3. What will I have to prove to win my case?

At trial, you and your personal injury lawyer will need to show 2 things as given below:-

Liability – who is at fault? The jury will then assign a percentage of fault to each party involved. Take for example if two cars collided with each other and both driver says the other one ran a red light, then the jury can believe one side and will put driver 1 at 0% fault and driver 2 100% or it can also get split in 50-50 or any other degree of fault.

Damages – You have to prove your personal injuries and losses which you have suffered. In order to prove physical injuries you have to present medical report which clearly states your health status and injuries. Several of these injuries can result in serious complications which can affect your future earnings/wages or can increase your future medical expenses. A construction worker suffering a major injury can result in lost wages for several years.

4. How do I know if I have a good case?

You will usually have a case, if you suffered personal injury due to someone else’s fault or negligence. However, there are various factors which need to be considered before filing a New York personal injury lawsuit. Even if you were a victim of a serious personal injury, it could be a difficult process to file a lawsuit and receive justice from the negligent party involved. This is why it is best to seek legal help from a New York personal injury lawyer who will help you receive justice and compensation from the negligent authorities.