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Personal injury, or tort, law is a maze of deadlines and dollar signs. Each case contains nuances that are easier to maneuver if you know the ins and outs of the legal system.
In New York, the personal injury laws have very short filing timelines, approximately 30 days for most cases.
Without it, your claims or case may be dismissed because you failed to file the paperwork and pay the fees in a timely manner.
Hiring a personal injury lawyer may be unnecessary for your case, especially if your injuries and damages are minor. However, when you have serious injuries and large damages, an attorney can help you navigate the claims process and may get you a larger settlement.
Know that it’s easier to hire a personal injury lawyer at the beginning of your case than to work through it on your own and hire one later when you become overwhelmed.
New York has one of the largest state populations in the U.S., with almost half of its residents living in New York City.
Find out a little more about personal injury statistics for this unique state:
NY emergency rooms visit
over 1.5 million
per year
Injured persons that require hospitalization
approximately 150,000
per year
Fatalities due to injuries
8, 000
per year
Personal injury law is a broad section of the penal code, but most cases fall under a few specific types.
The types of cases that New York personal injury lawyers accept include:
Many injuries can occur in the above situations, and those can have varying degrees of severity. Minor injuries are less likely to be taken on by an attorney, as you can often handle those claims on your own.
However, serious injuries that significantly impact your daily life for any period may mean that you’ll need to sue for fair compensation.
The types of injuries common in New York personal injury cases include:
While you or a loved one may sustain injuries in an incident, sometimes an accident is just that: an unfortunate occurrence in which no one is really at fault.
To claim damages, you must be able to show that someone else’s behavior caused the accident because they failed to follow a duty of care.
Duty of care is any action that aligns with what a reasonable person would do in each situation, like keeping an aggressive dog in a secure enclosure, stopping completely at an intersection, or placing appropriate signage in dangerous areas.
In some cases, you must prove that the person or entity failed in their duty of care and intended to do harm.
Personal injury is one area of tort law, and it can include both personal injury and wrongful death cases.
For injuries and damage that are severe, sometimes permanent, you can file as a personal injury.
This includes economic damages, such as car repairs and medical bills for treatment and equipment, and non-economic damages, such as pain and suffering.
In cases where an injury causes death, even if the death does not immediately follow the incident, you may still have a lawsuit if you can prove that the injuries caused the death.
In these cases, there are often high medical expenses, not to mention funeral costs, and compensation from the lawsuit can help pay for these costs.
Finding information that applies to your specific case can sometimes be tricky. Still, there are a few factors that contribute to whether it’s reasonable to consider filing a lawsuit in New York.
New York is a no-fault state, so accident victims should start by filing with their own insurance companies after an incident.
In the state, you can also file a claim under the insurance of another member of your household if you don’t have the correct coverage or enough of it.
When filing against the responsible party, you may also be able to file against another insured person in their household if they did not have appropriate insurance at the time of the accident.
The law ultimately determines negligence and fault, and you can claim damages even if you are partially responsible. However, your damages will be reduced by the percentage you are at fault for the incident.
Being in a fender bender, even if the other driver is completely at fault, is not really worthy of a lawsuit most of the time. However, a totaled vehicle because someone else ran a red light is different.
You want to be sure that your accident is severe enough to pursue damages before starting the filing process.
A few cuts and bruises are also considered minor regarding personal injury. But needing hospitalization and long-term care like physical rehabilitation can mean that you have a personal injury case.
The dollar amount that can be assigned to your damage and injuries can also factor into your case’s viability.
While it’s better to settle things outside of court, sometimes insurance companies don’t want to pay, or moderation doesn’t help you and the responsible party reach a fair settlement.
Also, understand that damages aren’t all visible. While broken bones and empty bank accounts are valid consequences/results of your situation, so is the stress of trying to heal and worrying about the future for you or your loved ones.
Appropriate compensation can relieve some of the pain and suffering that comes with life-altering incidents.
If you’ve got things figured out and feel confident in your plan, you’re well on your way with your personal injury lawsuit in New York.
But if you’re struggling with where to turn and the timeline is getting shorter and shorter, know that help is available to you.
One way you can find help is by reaching out to LegalFinders. We offer a free consultation and then connect you to a New York personal injury attorney who will give you a free evaluation of your specific case.
If you don’t have documentation of your injury or claims, consider this your notification to get on that.
Track down as many of the following document types to help support your case:
In the state of New York, you have 30 days from the time of your accident or incident to file most personal injury claims and get the process rolling on a lawsuit.
It’s a short timeline that may be challenging to meet if you’re still undergoing surgeries in the hospital, for example.
Hiring a qualified attorney means that their law office can handle your legal matters, and you can focus on improving.
It depends. With minor claims, you may be fine meeting all the state deadlines. But know that each one is very specific, and missing them can mess up your case.
When you or a loved one is suffering from severe injuries, your chances of receiving a fair settlement can increase when you have a personal injury attorney to fight for you.
Some of the best law firms to work with are going to be those who have years of experience, a large pool of resources, and plenty of accolades in the form of high ratings and numerous awards.
While smaller, less well-known firms may work fine for your case, understand that inexperience or low public ratings may determine whether you end up with a fair settlement.
The aftermath of an accident or medical malpractice can be full of challenges as you adjust to your new normal. Finding a top personal injury attorney in New York doesn’t have to be one of them.
At LegalFinders, we will evaluate your case for free and advise you on whether to proceed and which attorney best suits your unique needs.
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Our staff are standing by to help you find the perfect attorney for your case.
Published: 13 April 2024
New York State. “FAQs: Consumer FAQs About No-Fault Insurance.” Retrieved from: https://www.dfs.ny.gov/consumers/auto_insurance/nofault_faqs.
New York State. “Injury and Violence in New York State.” Retrieved from: https://www.health.ny.gov/statistics/prevention/injury_prevention/.
NYCourts.Gov. “Statute of Limitations.” Retrieved from: https://nycourts.gov/courthelp/GoingToCourt/SOLchart.shtml.
The New York State Senate. “Section 1411: Damages recoverable when contributory negligence or assumption of risk is established.” Retrieved from: https://www.nysenate.gov/legislation/laws/CVP/1411.
U.S. Department of Health and Human Services. “III.B. Overview of the State – New York – 2023.” Retrieved from: https://mchb.tvisdata.hrsa.gov/Narratives/Overview/b3d5c297-d623-4524-9172-0686a2ef2ee1.
