When someone is injured due to another’s fault, they have the right to claim for personal injury. Since New York is a no-fault state therefore systems are in place so if people are met with car accidents or sustain any kind of injury, they can claim for personal injury. A wide range of cases is categorized under personal injury, motor vehicle accidents, construction accidents, and premises liability claims. These statutes have an impact on personal injury claims by imposing deadlines for filing claims, requiring you to demonstrate your injuries meet or exceed the serious injury threshold in order to file a claim.
Does the Statute of limitations affect your claim?
The statute of limitations is a legal provision that restricts how long you have to file a lawsuit. The majority of personal injury claims in New York must be filed within three years. The New York State injury laws say if you do not file your claim within three years of the accident, you will permanently forfeit your ability to pursue financial compensation through the legal system. This time begins to run as of the accident’s date and does not necessarily pause if you did not notice an injury right away. After an accident, you should file a lawsuit as quickly as you can even if you are unsure of the strength of your case.
Are you aware of the elements of negligence?
The standard of care that is expected of a person in a certain scenario frequently serves as a definition of the elements of negligence. To successfully pursue legal action against a person or business that was responsible for your injuries first hire a Queens personal injury & accident lawyer and then demonstrate the following:
- Duty of Care: A duty of care is a contractual obligation that one party owes to one or more other parties. The obligation due is determined by the relationship between the parties, as well as their positions and surrounding circumstances.
- Breach of Duty: A breach of duty happens when someone disobeys his or her legal or common law-assumed commitments. Even if there was no harm because of the failure, negligence can still be proven.
- Your injuries or damages were caused by the duty violation. It must be demonstrated that it was more likely than not that the defendant’s acts caused the plaintiff’s injury or loss in order to prove causation.
- Damages: Because of your injuries, either property damage or money spent on medical expenses, and you must have incurred missed income.
As per New York State injury laws, each party is liable in New York for their own negligence and any damages that result from that negligence.
Are you aware of the no-fault insurance system in NY?
New York is one of the few states with a no-fault insurance system. This implies that in order to receive payment for your medical expenses, missed earnings, and other losses, you must make a claim with your own insurance carrier rather than suing the other motorist. New York State injury laws define a cutoff point for what qualifies as a serious injury. Only injuries that meet or surpass this bar may be the subject of legal proceedings.
Know the New York state injury laws before filing an injury lawsuit
If someone is injured due to someone else’s negligence are allowed to file a personal injury lawsuit. A competent personal injury lawyer can help you to understand New York State injury laws and the complexity of your case and decide whether you are qualified to claim for the personal injury. Aside from educating clients about the law, competent personal injury lawyers also handle different cases such as auto accidents, slip & fall accidents, truck accidents, and dog bites.