Suffering an accident in New York City is bad enough with all the time and money lost on recovery, especially when it’s not your fault. You may be entitled to compensation, in which case, you can seek legal counsel from an NYC personal injury attorney. But taking legal action is not just about monetary recompense. A personal injury or wrongful death claim can force companies to make changes that ensure everyone’s safety. Here are some rules to consider before hiring a personal injury attorney in NYC.
Each state has a statute of limitations, or deadline, on how soon a claimant has to file a lawsuit in civil court. In New York, most personal injury cases have a three year limit from the date of injury. However, the state has legislated different statutes of limitations on personal injury cases caused by medical malpractice. It’s important to note that some situations could make a claimant eligible for a deadline extension. Consult an Houston Personal Injury Attorney to learn more.
The person or business you are filing a claim against could argue that you are partially responsible for your injury. This could reduce your compensation even if you win. In shared fault injury cases, New York follows a “pure comparative negligence” rule. This means that your compensation would be reduced by the percentage you were at fault for the incident.
No-Fault Rules for Car Accident Cases
New York follows a no-fault car insurance rule, meaning you will almost exclusively turn to your own car insurance policy for compensation, regardless of who caused it. If you were wounded as a passenger, you would turn to the no-fault coverage of the driver.
Nonetheless, if your claim meets the “serious injury” criteria in New York, you could file a liability claim against the at-fault driver. This would allow you to pursue compensation for all categories of losses, like pain and suffering and other non-economic damages exempt from a no-fault claim.
The “One Bite” Rule
There is no specific statute in New York around injuries caused by dog bites. The owner of the dog or other animal would be held liable, as long as the claimant can prove they “should have known” their pet was dangerous. This is also referred to as New York’s “one bite” rule. You can get more details here about what you should do if you get bitten by a dog.
Claims Against the Government in New York
If you were injured by a person or agency of the government, you would have to begin by filing a legal claim with the appropriate government agency. You have 90 days to file a legal claim against a city, county, or the state of New York (or if you are unable to arrive at a final claim figure in 90 days, give a notice of intent to file a claim against the state of New York). Alternatively, you would have a year to file a lawsuit against a city or county.
Getting into an accident doesn’t mean you have to suffer in silence. Finding the right personal injury attorney in NYC can help you hold a person or institution accountable. They can fight for your compensation while you focus on recovery.