New York Statute of Limitations for Personal Injury Cases

Personal Injury Lawyer

Personal Injury LawyerFollowing an injury or accident in the state of New York, you’re probably wondering about the specific state statutes that could have an impact in your case. Below is some basic information regarding the statute of limitations that could come into play in the event that you’re planning to take legal action following your injury, whether through filing a lawsuit for personal injury or insurance settlement.

What Exactly is a Statute of Limitations?

Each state has their own time restrictions, which is basically the specific time limit an individual has to file a lawsuit with the civil court of the state after the individual has sustained some type of injury or harm. This is commonly referred to as the statute of limitations, with the deadline for filing being dependent on the particular type of case an individual wishes to file. In the Big Apple, the laws on personal injury cases provide a plaintiff exactly three years from the injury’s date to file a personal injury lawsuit against the liable party or parties for the accident or injury.

You might be wondering why is this statute so crucial. Essentially, if a plaintiff does not file a case with the court prior to the closing of this three-year window, the courts in New York will most likely decline to hear the case, which means that all potential compensation will likewise be lost, says a personal injury attorney in New York. In addition, if a plaintiff files a personal injury lawsuit after the deadline determined by New York personal injury laws has passed, the court will instantly dismiss the case, except when specific conditions enable the extension or tolling of the predetermined deadline.

More Crucial Things to Keep in Mind

In the event that you have been injured as a result of another individual’s wrongful or careless actions, it is best to get professional medical attention as soon as you possibly can. You should also thoroughly document your claims so that you have sufficient evidence to back them up should your case go to court. Remember, you only have a limited amount of time to sue those liable for your injuries so make the most of it.

Understanding the Degrees of Negligence in Personal Injury Cases

Personal InjuryIf you suffer an injury because of an accident, you might be looking to file a personal injury case. Before you submit documents, your attorney will provide you with information regarding the arguments the defendant might give you. They might claim you are partially or wholly at fault; knowing the degrees of negligence enables you to prepare for situations such as these.

Comparative and Contributive Negligence

Many states adhere to a comparative negligence law when it comes to resolving personal injury cases. This calculates damages using a formula that determines your and the defendant’s degree of fault that led to the injury and/or accident. If you get into a vehicle accident and the police reports and insurance investigations concluded that you are 25% at fault, you only get 75% of the compensation. If damages total $30,000 you only get $22,500. However, not all states abide by this rule; some follow a pure comparative negligence rule, while others adhere to a modified version of it. In the latter system, an injured person only receives compensation and damages, if they are 50% or less at fault.

On the other hand, contributory negligence is more black and white when it comes to personal injury cases. When an investigation reveals that you are partially at fault that led to an accident and injuries, you will receive no compensation whatsoever. Bernripka.com shares that a personal injury lawyer can help you navigate the complexities of the law and walk you through the process of filing and building a strong case.

Assumption of Risk

In some situations, defendants may argue that you assumed the risk of injury by participating in a dangerous or high-risk activity. The harm must relate to the risk inherent in the said activity.

Both parties must prove negligence before you or the defendant builds or defends against a personal injury case. Knowing the different situations allows you to prepare before filing.