New York City is fascinating, from the Lower East Side to Broad Channel to the Boogie Down Bronx. Whether you’re a native New Yorker or a newbie claiming the city as your own, we all believe that the Big Apple is the greatest city in the world. Unfortunately, with so many people, places, and things here, sometimes accidents happen, even in the most fabulous place on earth.
If you’ve been injured in New York City by no fault of your own and haven’t a clue as to how to receive compensation, Shulman & Hill Attorneys may be able to help. They have the savvy and street smarts to ensure you get what you deserve.
New York City Personal Injury Lawsuit Information
Personal injury lawsuit regulations vary from state to state; not all handle lawsuits similarly. Not all cases are equal, and each has strengths and weaknesses. What you may think is an open and shut case could, in reality, be more complex, with avenues that the defendant can try to exploit. Never seek compensation without speaking to an experienced New York City personal injury lawyer.
New York City Statute of Limitations
Different types of lawsuits have a set amount of time that the plaintiff can file a case. The New York City personal injury statute of limitations is set at 3 years. This means the clock starts ticking on the date you were injured by a person or entity’s negligent act. If you attempt to file after this 3-year window, the court will reject your case.
There are, however, circumstances when a victim can file a personal injury lawsuit after 3 years have passed. If the victim’s injuries weren’t discovered immediately after the accident, the clock starts on the date of their discovery. A scenario for this could be a medical error that takes time before the injury makes itself visible.
There is one scenario where the statute of limitation is significantly shorter. Accident victims filing a claim against a New York City municipality, the suit must be filed within 90 days of the accident.
Motor Vehicle Accidents
With an overabundance of cars on New York City’s crowded streets, the city is no stranger to car accidents. New York is a no-fault state, meaning that for most vehicular accidents that cause injury, economic losses will be paid by the victim’s insurance policy. All registered vehicles in New York are required to carry Personal Injury Protection (PIP) coverage. The coverage on the policy determines the amount available for losses.
Unfortunately, PIP coverage may not cover all economic losses for more severe accidents. Not included are any non-economic losses such as pain and suffering, emotional distress, and loss of consortium. You’ll need to file a personal injury lawsuit to recover these damages.
Slip and Fall and Similar Accidents
New York City building and business owners are responsible for maintaining a duty of care to ensure that their properties are free of hazards that could potentially cause bodily harm. This could be as simple as shoveling snow off sidewalks or ensuring that a retail store’s public areas don’t present any avoidable risks. Debris falling from buildings injuring a passerby is grounds for a personal injury lawsuit.
Although negligence can be easily proven, cases like these face a difficult dilemma. It can sometimes be challenging to determine which party is at fault. Possible guilty parties could be an individual employee, a business or building owner, a contractor, or even the City itself. An experienced personal injury attorney can investigate the accident and determine where the fault lies.
Personal Injury Lawsuits and Burden of Proof
What is common to almost all New York City personal injuries is where the burden of proof lies. The burden of proof lies upon the plaintiff (the victim) to prove four things:
- The defendant was responsible for giving the plaintiff a duty of care
- The defendant breached this duty of care
- Failure to provide reasonable care caused an accident
- Due to the accident, the plaintiff suffered damages
In layperson’s terms, it’s the victim’s responsibility to prove that a negligent act caused an accident that resulted in injuries and a financial loss. Your personal injury attorney will prove these things by gathering evidence. Typical evidence can include:
- Accident reports
- Photos and video of the scene of the accident
- Photos of your injuries
- Medical records
- Medical bills
New York City Personal Injury Cases: The Bottom Line
Personal injury lawsuits should never be attempted without the guidance of an experienced personal injury attorney. Even the most slam dunk of cases can be more complex and difficult to prove, so it’s essential to work with an experienced team of savvy professionals.
Insurance companies may offer you a quick settlement, and signing on the dotted line may seem your only alternative. Without legal representation, you could be leaving money on the table.