If you were injured in a car accident or a slip and fall accident in New York, you may be able to file a personal injury claim against the responsible party. You will need to gather documentation and evidence to back up your claim and to show what happened, how it happened, and when it happened. You can ask to be compensated for your losses and damages incurred because of the accident.
What Is Personal Injury?
Personal injury is a fairly general legal term. In New York State, many different types of cases can fall under the classification of personal injury.
You can file a personal injury claim in New York when the actions or carelessness of another party result in harm to you. Common types of personal injury cases in New York include the following:
- Premises liability: Property owners have a legal responsibility to reasonably attempt to keep their properties free of hazards that could otherwise result in injury to those with a legal right to be on their properties. An example of a potential accident resulting from a property owner neglecting this responsibility is a slip-and-fall in a parking lot where an owner failed to remove ice after a winter storm.
- Product liability: Various types of products may cause harm despite consumers using them properly if their designers or manufacturers overlook defects or their marketers fail to alert consumers to risks associated with using said products.
- Auto Accidents: A victim of a car crash can file a claim to recover damages from the liable party. If you were injured and/or had property damages from the car accident, you can file a claim to receive compensation to pay for the expenses that occurred.
There are also instances in which a victim may consider hiring a personal injury attorney even if they are not taking legal action against another party. For example, New York is a no-fault state, where victims can seek financial compensation after motor vehicle accidents by filing claims with their own insurance, even if said accidents result from the negligence of other parties.
What Are The New York Personal Injury Laws?
New York has a three-year statute of limitations for filing a personal injury lawsuit. 13 states, including New York, have comparative blame laws that are "pure.". This means that accident victims can pursue a claim against the other party regardless of how negligent they were, even if they have a higher degree of fault than the other party.
New York uses a no-fault insurance state. This means that regardless of who is at fault for the accident, the insured individual is reimbursed by their own insurance company for the damages. This means when you are in an accident, you should file a claim with your own insurance.
What Is the Statute of Limitations In New York For A Personal Injury Claim?
In New York, the statute of limitations for different claims do vary depending on the kind of claim. For personal injury claims, there is a three-year time limit, but if the claim is a personal injury claim for an accident that cause the death of a victim, then the time limit decreases to two years. If you do not file your claim in a timely manner, your claim will be dismissed, and you will not be compensated for your damages. It is imperative to file your claim on time, so you can recover your losses.
How Do Personal Injury Claims Work In New York?
If you suffered injuries in an accident, you should seek medical help right away. Be sure to maintain documentation and evidence, such as medical records, medical bills, receipts, proof of lost work and missed wages, the accident report, statements from witnesses, and any other supporting evidence, such as photographs and videos.
You must show that the other party acted negligently and that negligence contributed to the accident that caused your injuries. You should file your claim in a timely manner and seeking guidance from an accident injury lawyer can be an asset to the success of your auto accident injury case. Ensuring all deadlines are met and the proper evidence is provided is essential to the success of your claim after you suffered injuries in an accident.
Get Help with Your New York Personal Injury Claim
If you have been injured in an accident in New York that was caused by another party’s negligence, enlist the help of an experienced personal injury attorney. Fill out the Free Case Evaluation Form to share the details of your New York personal injury claim with a lawyer who is familiar with accident injury cases.
