Personal Injury Law in New York
If you or a loved one has been injured, you likely wish you could step into a time machine and prevent it all from happening. Unfortunately, that’s not possible. The New York court system and the law try to make it up to you.
Financial compensation is awarded to compensate you for your financial, personal, and family losses as well as your pain and suffering. The legal system’s goal is to put you in the place you would have been if the accident hadn’t happened.
If you or your loved one has been seriously injured in a motor vehicle accident or by a product, you need the legal representation of a New York personal injury attorney to get what you need and deserve; and this article was written for you.
- The kinds of cases that New York personal injury lawyers handle.
- What you need to prove in a personal injury case.
- Why you should call a lawyer immediately.
- How to find a New York personal injury attorney.
Would a New York Personal Injury Attorney Handle My Case?
If you suffered injuries in the state of New York, a New YorkPI attorney would likely handle your kind of case. It’s okay to contact a law firm and ask. You can find a personal injury law firm through our site, www.attorneys.org or by referral.
Personal injury cases often involve motor vehicle cases, including car, truck, motorcycle, bicycle, golf cart, RV, boat, ATV, amusement park ride, cruise line, construction zone, mass, and pedestrian, accidents.
Personal injury cases often involve defective products, including defective cars, power tools, medicines, hair dryers, vacuum cleaners, equipment, machines, saws, tools, appliances, kitchen tools, and chemicals.
Injuries may include death, brain injuries, birth injuries, adverse drug reactions, dog bites, food-borne illnesses, burns, lacerations, bruises, scars, broken bones, fractures, slip and falls injuries, nursing home abuse injuries, medical malpractice injuries, and Mesothelioma (i.e. cancer).
Injured workers are usually covered by Workers Compensation insurance and litigation isn’t always necessary.
- However, some injured workers do need to hire a New York PI lawyer to get their rightful Workers Compensation benefits.
- If a work injury was caused by a defective product, litigation,against the manufacturer or distributer of the product,may be appropriate.
How Do I Prove My New York Personal Injury Case?
Most New York PI cases are based upon negligence. This means that you must prove that the other party was negligent and caused your injuries.
- First, you need to prove the defendant had a duty to you and failed to fulfill that duty.
- Second, you need to show that failure to fulfill his or her duty caused your injuries.
- Third, you need to show that you suffered losses as a result of your injuries.
Why Should I Call a Personal Injury Lawyer Immediately?
- As soon as you make the call to a personal injury attorney, you’ll have professionals on your side.
- Evidence is easily lost and is better preserved as close to the time of the accident as possible.
- Insurance companies will pounce on you.
- The other driver will have a lawyer.
Every lawsuit has a time limit, called a “statute of limitations”.
Here are some example New York statute of limitations for personal injury cases:
- Medical Malpractice is 2 years or 8 months (N.Y. C.P.L.R. В§214-a).
- Personal Injury is 3 years (N.Y. C.P.L.R. В§214(5)).
- Wrongful Death is 2 years (N.Y. C.P.L.R. В§214(4)).
- Property Damage is 3 years (N.Y. C.P.L.R. В§214(4)).
How Do I Find a New York Personal Injury Attorney?
To find a New York personal injury lawyer, search our site, www.attorneys.org, or ask the bar association or a loved one for a referral.