Personal injury claims in New York can be complicated. For starters, for it to qualify as a claim, there must be a recognizable pain or damage and suffering. Most of these cases are hinged on negligence.
For instance, it could be a claim against a hospital for using defective equipment during a surgery or a car accident that has led to a loss of income, etc. But, before you file a personal injury claim, here are a few things you ought to know about them in New York.
Personal Injury Laws in New York
There are many causes of personal injury in New York, and each one has a set of laws that will affect the chances of you getting compensated for the damage. For instance, it’s important to note that New York is a no-fault state when it comes to auto accidents. What this means is that all motorists are supposed to be insured against damages caused by accident.
Thus, when an accident occurs, the insurance company is supposed to be the first source of recovery regardless of whose fault it is. You can still take a lawsuit to court, but there is a threshold that has to be met for this to be admissible. A good example is that the personal injury has to be severe enough to warrant you suing for auto negligence.
There is also a law known as the statutes of limitations in New York.
What this primarily refers to is that there are time limits when it comes to filing a lawsuit in a personal injury case. Most of the cases require that you file a claim no more than three years after you sustained the injury. That is why you mustn’t underestimate the trauma you have sustained, as this might affect the future when that window has expired.
The time limits are a bit different in injuries caused by medical malpractice. In such a case scenario, you will have to file a lawsuit within 30 months, but this will only be counted from the time the treatment is completed.
Another crucial personal injury law that you ought to know in New York is the rule on shared fault. In some individual injury cases, the person or business you are accusing may also show a level of responsibility on your side, and this may affect your compensation.
The state uses a “pure comparative negligence” rule in some cases. In simple words, your payment will be reduced by a factor that is equivalent to your level of negligence when it comes to the injury.
There is also a rule known as the one-bite rule, which affects those who have dog bite injuries. In New York, the owners more or less take responsibility as long as it can be shown that they knew that the dog could pose a danger.
If you got injured in the line of duty, then you might be entitled to what’s known as workers’ compensation. It’s a compensation system in New York that is meant to help those with work-related injuries through medical care, compensating lost wages, and assisting rehabilitation back to work.
Well, this is just an overview of the laws that might affect personal injury claims in New York, but there is more you need to know, depending on your case. An experienced lawyer in this field will help assess your situation then guide and represent you in the quest for justice.
Let’s now look at how you can prove and win a personal injury claim in New York.
Proving a Personal Injury Claim in New York
Well, no insurance company or any accused party want to dish out money for settlement. If you don’t have strong evidence, you might receive peanuts or nothing instead of a fitting settlement for the injury. Establishing personal injury Liability in New York is about getting all the hard evidence you need. Get a police report, take pictures or videos, visit a licensed doctor, and, most importantly, hire an experienced lawyer.
Jmlawyer.com is experienced personal injury attorneys in New York that can help you conjure up a case for you to depict how the injury has caused pain, loss, damages, etc. That will certainly make your claim credible and increase your chances of getting the right compensation.
Get Treatment and Present Medical Records
It is quite apparent personal injury will require that you visit the doctor, and it’s that important. Medical records are so vital in all cases to prove liability. For example, medical reports will help an insurance company in calculating the value of your claim. In the statement, the doctor will also detail the extent of damage caused by the injury.
The records will help show both the prosecution and the defense. Besides that, they will show the kind of injuries, the ongoing medical treatment, and how it is affecting your life.
Tip: Ensure that you keep all the medical records as you undergo treatment, plus don’t skip therapy as it could show that you have made a full recovery.
Establish lost Wages and Economic Damages
You will also need to sit down with your attorney to calculate how much damage the injury has cost you economically.
The lawyer will help establish how it has affected your productivity. For instance, you might not be able to work again, or you are now working fewer hours because of the pain or damage caused.
It is hard to quantify pain and suffering, but some injuries can cause permanent damage or impact your life negatively. To help factor in the cost associated with this element, your attorney will look at:
- What has been taken from you i.e., the things you used to do, but you can’t do them now.
- The things that you can do but are much harder doing them now because of the injury.
All said and done, there is a lot that goes into handling lawsuit, but the right attorney will certainly help. Again, it would be best if you worked only with a personal injury attorney with a track record to increase your chances of getting justice.