Personal injury laws in New York are different from those in other states. If you have been injured, it is important to have the advice of an attorney who is familiar with New York’s particular injury laws and how they affect your case.
One of the most important aspects of New York personal injury law is the time limit within which you have to file, or the statute of limitations. The type of case, the age of the victims and other factors may change the amount of time you have to file an action, but generally speaking the time limits are as follows:
- Three years from the date of injury against a privately-owned corporation or an individual for a personal injury case. N.Y. Civ. Prac. R. section 214.
- 90 days to file a formal claim against a city or a county in New York or the state of New York and one year to file a lawsuit against a city, county or the state. N.Y. Gen. Mun. Laws § 50-e, N.Y. County Law § 52, N.Y. Court of Claims Act § 10.
- In some cases, you must file a Notice of Intent to file a claim if you are unable to file your claim within the allotted time period. This will allow you more time to collect medical records or complete treatment for injuries.
What if you are partially responsible for your own injuries? In some states, this bars you from a claim, but in New York there is a comparative liability law that allows you to collect partial damages.
New York follows the “pure comparative negligence rule.” This means that your award will be reduced by the amount that you are responsible for the accident.
For example, if you are involved in a car accident that results in $50,000 worth of damages for you and you are 10 percent responsible for the crash, you can only collect $45,000 ($50,000 less 10 percent for your portion of the fault). The percentage to which you are assigned fault is made by the jury or the court; when you are negotiating a settlement, you are free to argue against comparative negligence with an insurance company.
No-Fault Car Accidents
The no-fault accident law requires you to collect from your own insurance company unless you meet a “serious injury” threshold. This means that even if someone else causes your accident, you may be faced with collecting from your own insurance company first before you can file a personal injury lawsuit.
Whether you are injured in a vehicle or some other type of accident, having the advice of a strong personal injury team is important. Contact Fitzgerald Law Firm in New York today to begin working on your case and recovering the damages you may be owed.