New York City is filled with people, vehicles, and construction sites. As such, accidents are bound to happen. From motor vehicle collisions to hazards on private property, there are many ways a person could suffer a severe injury. If you were in an accident caused by a careless person or company, you have the right to file a legal claim.
Personal injury lawsuits are used to hold reckless parties liable for injuries sustained due to their negligent actions. A New York City personal injury lawyer could work tirelessly to help you build a case against the at-fault parties. Get in touch with a skilled attorney right away to begin fighting for compensation.
Understanding Legal Negligence
To succeed in a personal injury lawsuit, you must prove that another party was negligent and responsible for your injuries. Establishing negligence involves proving duty, causation, and damages.
Duty of Care
All people are required to exercise a duty of ordinary care toward one another. In the context of a car accident case, all motorists have a responsibility to drive safely and take caution for others on the road.
In a personal injury claim, you must prove that there was a breach in the duty of care. For example, running a red light would be considered a breach of a motorist’s duty of care.
You must also prove that the defendant’s breach of duty caused the accident. If you suffered injuries due to something other than the accident in question, you may not be able to collect compensation.
Lastly, you must show that your injuries caused you to suffer damages. A personal injury attorney who understands the complexities of New York City laws could help you prove all necessary elements of negligence.
Potential Compensation for a Civil Claim in New York City
Once you prove negligence, you could collect economic, non-economic, and punitive damages. Economic damages include financial losses such as medical bills, lost wages, property damage, and lost earning capacity. Non-economic damages can include compensation for physical and emotional injuries, such as pain and suffering, mental anguish, and physical disfigurement.
In cases involving intentional malice or gross negligence, courts may award punitive damages to punish the defendant. A seasoned lawyer in the area could help you calculate the potential compensation in your personal injury claim.
Comparative Negligence Rule and Compensation
New York City follows the pure comparative negligence rule in personal injury cases as set forth in New York Civil Practice Law & Rules §1411. You can recover damages if you are partially at fault for the accident, but your compensation will be reduced by the amount equal to your percentage of fault.
For example, if you are held ten percent at fault for an accident, and the jury awards $100,000 in damages, you would only receive $90,000. To avoid a reduction in damages in your case, you should reach out to an experienced attorney.
Deadline for Filing a Personal Injury Case
According to N.Y. CVP § 214, injured parties have three years from the date of an accident to file a personal injury claim. This legal deadline is known as the statute of limitations.
If you do not file within that window, your case will likely be dismissed. Consequently, it is best to seek help from an accident attorney as soon as you can after an accident to avoid missing the chance to pursue compensation.
Exceptions to the Statute of Limitations
There are some exceptions to the three-year statute of limitations deadline for personal injury claims in New York City. According to N.Y. CVP § 208, for someone who was a minor at the time of an accident, the three-year timeframe would begin once they turn 18. Additionally, per N.Y. CVP § 207, if the defendant leaves the state for four months or more after the accident, this absence will not count toward the three-year statute of limitations.
Reach out to a New York City Personal Injury Attorney for a Case Evaluation
Dealing with the aftermath of a personal injury claim is overwhelming and emotional. A New York City personal injury lawyer could help you seek justice by filing a lawsuit against the responsible parties. Contact us today to schedule a consultation and begin your path to recovery.