Personal injury cases are very common in New York, whether they involve car accidents, construction accidents, or any other accidents that result in personal injuries.
It is important for you to hire personal injury attorneys in New York as soon as possible after getting involved in any personal injury case.
Here are 5 important facts about personal injury laws in New York:
1. The Statute of Limitation for Personal Injury Cases in New York
In New York, there is a statute of limitation for personal injury cases. This statute of limitation will limit the period for you to file a claim or a lawsuit concerning your personal injury case. The statute of limitation or time period for suing for personal injury cases in New York is 3 years.
So, you can’t file a claim for compensation if the accident that caused your personal injury happened over 3 years ago. However, the statute of limitation will be shorter if you are filing a claim against the government in New York, which will be 90 days after the accident happened.
Also Read: Hawaii Car Accident Laws – Important Points You Need to Understand
2. Calculating the Emotional Damage in Personal Injury Cases
When filing for a personal injury claim in New York, the court will calculate the damages you have incurred because of the accident.
For instance, there are economic damages, such as medical bills, repair bills, lost wages, and many other financial problems that you might have experienced after the accident.
However, there’s also the emotional damage you might have experienced because of the accident, and in New York, your emotional damages will get calculated too.
The court will use the multiplier between 1.5 and 5 to calculate the emotional damages or pain and suffering you have incurred because of the accident.
So, you can get your compensation multiplied by up to 5 times depending on the severity of pain and suffering you have incurred because of the accident.
3. Personal Injury and Property Owner’s Negligence
There are many cases of personal injury caused by property owners’ negligence in New York. Sometimes, accidents can happen when you are walking around someone else’s premises, and it might happen because of the owner’s negligence, such as forgetting not to put a repair sign on their premises.
For this type of personal injury case, you might file a premises liability claim to the court, as the accident happened because of the property owner’s negligence.
You can either use the service of a personal injury lawyer or a premises liability lawyer to get your case settled in the state of New York.
4. Shared Fault and No-Fault Cases
It’s important to know that New York is a no-fault state, meaning that for car accidents, the best option for you to ask for compensation is from your own car insurance company, regardless of who caused the accident. Most of the time, the car insurance company will provide compensation for the car accident victims as per their insurance policy.
However, in other cases of personal injury, shared fault can be at play. Shared fault means the other party might not be 100% at fault for your personal injuries.
Sometimes, you might also share the blame for the personal injury that happened to you. In this situation, the amount of shared fault you have will determine the compensation you will receive from your personal injury case.
Let’s say that the accident happened 60% because of the fault of the other party, while 40% because of your own fault. Then, you will not get 100% compensation for your personal injury. Instead, you will get only 60% of the compensation.
5. Hiring the Personal Injury Lawyers in New York
Hiring a reputable personal injury lawyer in New York can be your best option to help you win your personal injury case in this state.
The personal injury lawyers in New York will have extensive experience in handling various cases of personal injury in various types of accidents, so you can rely on their expertise to help you claim the compensation you deserve to get.
It’s becoming more important for you to hire an experienced personal injury lawyer in New York if you think you can’t cover the expensive medical bills and other damages you need to pay after the accident.
Also Read: Negotiating a Car Accident Settlement Without a Lawyer
Conclusion
In New York, personal injury cases might not work in the same way as in the other states in the United States.
Thus, it’s important for you to hire personal injury lawyers in New York if you get involved in any accident that results in your personal injuries around the state of New York.
