Personal Injury in New York

When people think of personal injury in New York and the rules and regulations of a lawsuit that follows, they tend to think that they are all the same. The reality of the situation, however, is that the rules for personal injury will vary from state to state. If you have had a personal injury in New York, it is incredibly important to understand the rules and regulations that are specific to the New York state. Without it, you may not have the proper information, or may take too much time to actually carry out the lawsuit.

 

New York Personal Injury at a Glance


New York Personal Injury Laws

Statute of Limitations

3 Years
Damages Recoverable Lost wages, medical expenses, property damage, pain and suffering, cost of household help
Strict Liability Product manufacturer may be liable for injuries caused by a consumer product that is found to be inordinately dangerous
Joint Liability

Any defendant that is found to be over 50% at fault is joint and severally liable for all damages.  In addition, any defendant found to be 50% or less at fault will be responsible for noneconomic damages.

Contributory Negligence If plaintiff is found to have contributed to the injury through carelessness, awarded damages will be reduced in proportion to fault

How Much Time Do You Have?

Like many of the other states, you have three years to actually claim your lawsuit and file the lawsuit in New York. Personal injury in New York requires action fast than that, however. While you do not have to actually file the lawsuit for years, you will want to start with the lawsuit soon.

First, you need to take down as much information as possible, and keep as much as possible. Any possible information about the person who you believe has fault in your personal injury in New York should be taken down. This includes the name, date, and address of the person, and the place of the incident (along with time and any witnesses). Any other items that may help your cause are important; if it is a product lawsuit, the product is evidence. If it is a normal fault suit, you will want to have anything that will help your case. To understand what this may be, be sure to speak to a New York personal injury lawyer as soon as possible to help you understand what you may need for your personal injury case.

How Much is Covered?

A lot of things are covered in the damages portion of a fault lawsuit. Medical bills, both past and present are covered, as well as any predicted medical costs. Any income lost due to the injury can be claimed, as well as what is known as “emotional distress”. While hard to measure, damages can be claimed on the stress of the actual event.

How do you Determine Fault?

Fault simply requires that you prove that someone’s negligence aided your injury. Even if you are at fault, anyone who was partially at fault can be sued for partial damages.

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