New York has its domesticated laws regulating compensation claims arising from personal injury or accident cases. An Accident Lawyer in New York can assist you in obtaining reliefs in New York Civil Courts. Reliefs for injury are in form of monetary compensation as damages. Compensatory damages are designed to put a victim in the position he or she would be in if the injury had never occurred. Civil Courts and Insurance companies in New York awards millions of dollars yearly in Injury claims.
PERSONAL INJURY LAWS FOLLOWED BY AN ACCIDENT LAWYER IN NEW YORK
Generally, like in most civil claims, injury claims are time bound with deadlines stipulated in a law called “Statute of Limitation”. Personal injury can be mental or physical harm to a person caused by a person’s or company’s harmful conduct or negligence. The stipulated time limit for personal injury claims in New York is typically three (3) years’ and varies for other classes of Injury or accidents such as;
ASSAULT & BATTERY
The timeline for instituting assault and battery claims is three (3) years from the act. You may be entitled to compensation if someone touches you, hurts you or make you fear for your safety in New York city and preserving such evidence is key. Assault is a Criminal offence and you may additionally file a Civil suit and access due compensatory damages. Our seasoned Injury Attorneys can help you file personal injury claims and obtain justice.
Action must be filed within three (3) years from the date of accident. New York is regarded as a ‘’No-Fault State’’ which signifies a coverage for various expenses for injured people in New York Car Accidents. In other words, the driver that caused the accident and the law-abiding driver are not distinguished in the view of the law. Rather, each driver’s insurance policy which is required for car owners is expected to offset the damages that may arise up to a sum of $50,000. However, you may sue in New York Civil courts under special circumstances if either the bills exceed $50,000 or you sustain serious injury such as damage to body, death, significant injury etc. See; New York Civil Practice Law & Rules (§214)
Wrongful death action involving medical malpractice in New York must be filed within two (2) years of the death of the deceased. Wrongful death arises from a person’s death occasioned by the unlawful act of another and may range from police misconduct, auto accident, or Medical negligence. In New York, wrongful death action is governed by the New York Estates, Powers and Trust Laws (EPTL). The EPTL provides that legal representative(s) of the deceased must prove expenses and economic loss such as loss of sustenance by family members of the deceased
Who may institute a wrongful death suit?
Under New York law, the following individuals may to file a wrongful death lawsuit:
- The deceased’s spouse;
- The deceased’s children;
- The deceased’s parents; and
- The ‘’Guardian ad litem’’ of an underaged personal representative.
SLIP AND FALL
When you get hurt in a slip and fall on another’s property in New York, you have three (3) years to file your claim against the Property owner under Section 214 of the New York Civil Practice Laws & Rules. The cause of the resultant harm should be linkable with the Property owner’s failure to keep the property reasonably safe. The principle of comparative negligence also applies in determining liability of parties.
In settlements or court, the liability for damages or injury that occurs may be apportioned between the Plaintiff and Defendant based on the extent of fault.
MEDICAL NEGLIGENCE OR MALPRACTICE
A legal action must be commenced within 2 years and 6 months of the act, omission or failure complained of or from the last treatment where there is continuous treatment of the same medical condition. However, there are a few exceptions to this rule stipulated in Sections §214(6) and §214 (a) of the New York Civil Practice Laws & Rules. Medical Personnel are not exempt from mishaps or deaths that occur from negligence while rendering professional services and can be held accountable for injuries, especially if an appropriate standard of care is not exercised.
American Court House provides a compendium of highly skilled Accident Attorneys with several years of experience in Medical Malpractice. They can handle your case effectively by;
- Fact-finding and investigating the circumstances of the alleged injury;
- Identifying the cause;
- Gathering medical evidence from experts;
- Filing Notice of Medical Malpractice and certificate of merit to accompany the complaint verifying that your Attorney has consulted with a Medical expert;
- Pursuing compensation from your healthcare provider and Insurance companies; See Section 3012-A of New York Civil Practice Law and Rules.
Explore our directory “Accident lawyer New York” to find a range of experienced Injury Attorneys in New York to analyze your case meticulously and help with the essentials to be proved for medical negligence.
- Establishing Doctor-Patient Relationship.
- The healthcare provider was negligent.
- The Negligence resulted in damage or injury.
RULES OF LIABILITY AND INJURY CLAIMS WITH AN ACCIDENT LAWYER IN NEW YORK
Rule on Shared Fault in New York
This is a comparative negligence rule in New York Injury and Accident law that stipulates that the Plaintiff and the Defendant may apportion their liability for damages or injury that occurs, based on the extent of fault. New York is one of the few 13 states in the United States operating this rule. The less fault allocated to you, the more compensatory reliefs you may be awarded.
Owner Liability for Injury by a Dog or Other Animal
This rule subjects an animal owner to liability on the theory of strict liability in circumstances which are reasonably foreseeable that the animal could cause injury. This strengthens the case of a Plaintiff but does not necessarily mean an outright liability in some cases and Accident Lawyers in New York can assist to unravel facts that favor your case.
Injury Claims Against the Government in New York
Claims may be brought against the Government for harm that is caused by Government officials or occurs on Government property. Examples of valid claims that may be brought against the Government are accidents that occur from poor road conditions or public facilities that result in accidents.
HOW LONG DO INJURY LAWSUIT LAST IN COURT IN NEW YORK?
Most cases take anywhere from one to five years after the services of a Lawyer is hired. The length of the case varies based on the severity of the injuries, the complexity of the case, facts in contention, the amount of damages, the Court schedule, and the insurance company’s cooperation in negotiations.
Kindly note that the application of the Statute of Limitations has currently been suspended in New York since March 20, 2020 till June 6, 2020 by the Governor through an issued Executive order (Executive Order 202.8).
For legal Consultation and assistance after an injury or accident encounter in New York City, contact any of the listed experienced Accident Lawyers in New York practicing to seek legal advice.