Frequently Asked Questions About Personal Injuries In New York
Last updated on September 13, 2024
A personal injury can be devastating for victims and their families. We help our New York clients understand their options for compensation and how to proceed with a claim. Here are some of the most important questions we hear:
How long do I have to file a personal injury lawsuit in New York?
The statute of limitations on most personal injury claims in New York is three years from the date of injury – but there are exceptions. For example, claims against the state or local government require a Notice of Claim to be filed within 90 days and claims involving a wrongful death must generally be filed within two years. It is critically important to speak to a personal injury attorney as soon as possible to preserve your rights.
How does New York’s “no-fault” insurance system affect my car accident claim?
In car accident claims, New York’s no-fault insurance system requires victims to turn to their own insurance policy for compensation first, regardless of fault. However, you can pursue a claim against the at-fault party if you meet the “serious injury threshold.” Serious injuries include fractures, permanent scars, loss of a body part or injuries causing significant physical limitations.
What compensation can I expect from a personal injury claim?
Every claim is different, but you may be able to claim compensation for your medical expenses, lost wages, property damage, pain and suffering and more.
What is New York’s comparative negligence rule, and how does it affect my case?
New York’s pure comparative negligence rule requires liability to be divided among at-fault parties according to their relative degree of fault and compensation will be reduced accordingly. For example, if you are awarded $50,000 in damages but you are 20% at fault for the accident, your compensation would be reduced to $40,000.
What should I do immediately after suffering a personal injury?
First, get medical assistance. Second, contact an experienced personal injury attorney as soon as practical. This is not “being greedy.” It is simply protecting your interests against insurance companies who will aim to minimize or deny valid claims at every turn.
Injured? Let Us Help You Obtain The Compensation You Need.
If you’ve been injured or a loved one was killed in an accident, turn to Rutberg Breslow Personal Injury Law for help. Call 845-846-8120 or contact us online to schedule a free, no-obligation consultation today.