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New York Personal Injury Laws
What Victims Need to Know
New York personal injury laws provide important protections for individuals harmed by another’s negligence. Whether it’s a car crash, medical malpractice, or slip and fall, understanding the specific legal framework in New York is essential for anyone seeking compensation.
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1. New York Personal Injury: Common Types of Claims
Common personal injury cases in New York include vehicle collisions, premises liability (like slip and falls), dog bites, construction injuries, and product liability. In each case, the plaintiff must prove negligence, breach of duty, causation, and damages.
2. New York Personal Injury: Statute of Limitations
Under New York law, the general statute of limitations for personal injury claims is three years from the date of the incident. For medical malpractice, the limit is typically 2 years and 6 months, and claims against public entities often require a notice of claim within 90 days.
3. New York Personal Injury: Pure Comparative Negligence Rule
New York follows the pure comparative negligence standard. Even if a plaintiff is partially at fault, they can still recover damages—reduced by their percentage of fault. For example, if you are 30% responsible, you may recover 70% of the total damages.
4. New York Personal Injury: Types of Recoverable Damages
Plaintiffs in New York may seek:
- - Economic damages: medical expenses, lost wages, future care costs.
- Non-economic damages: pain and suffering, mental anguish, loss of enjoyment of life.
- Punitive damages (in extreme cases): for gross negligence or intentional harm.
New York Personal Injury: No Cap on Non-Economic Damages
Unlike some states, New York does not impose a cap on non-economic damages such as pain and suffering. Jury awards are subject to judicial review only if found to be "excessive or inadequate."
5. New York Personal Injury: Claims Involving Government Entities
When filing a claim against the state or a municipality, New York requires a Notice of Claim within 90 days under the General Municipal Law § 50-e. Failing to comply may result in dismissal regardless of the claim’s merit.
6. New York Personal Injury: Insurance Negotiation & Litigation
Insurance companies often attempt to settle quickly and for less than full value. In New York, the injured party must gather evidence such as police reports, medical records, and witness statements to build leverage in negotiations or prepare for litigation.
New York Personal Injury: Trial Process and Jury Role
Most injury lawsuits in New York are tried in the Supreme Court of the State of New York (a trial court). A jury will determine fault and decide on damages. Expert witnesses are often crucial in medical and technical cases.
7. New York Personal Injury: Why Legal Strategy Matters
New York’s nuanced liability rules and complex filing deadlines make legal representation highly beneficial. An experienced legal team helps prevent procedural missteps and builds a compelling case from day one.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
