Have you been terribly hurt due to the negligence of another? Here are several facts about New York injury laws you should know before you call one of our skilled attorneys.
Facts About New York Injury Laws | Deadlines
New York law establishes certain filing deadlines, called statutes of limitations that govern how much time an injured party has to initiate their claim for personal injuries. For the majority of personal injury claims such as motor vehicle accidents, premises liability actions, and product liability actions an injured party typically has three years from the date of their injury to file their case in court. In matters involving medical malpractice that time period is typically two years and six months. In cases of injuries where the at-fault party is a governmental entity such as a town, county, or the State of New York, a party may have has little as 90 days to file a notice of claim. Knowing how long you have to initiate your lawsuit or claim is of the utmost importance because the penalty for missing your statute of limitations is the complete dismissal of your case, meaning you can no longer receive compensation for your injuries.
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Facts About New York Injury Laws | Compensation
New York is a “pure comparative fault” state, which means that even if you are deemed to be partially at-fault for your accident and injuries, you may still collect a recovery from the other at-fault parties. However, under New York’s comparative fault law your recovery is reduced in accordance with your percentage of fault. For example, assume you had an accident and the at-fault party is deemed to be 80% at fault, while you are deemed to be only 20% at fault. If you received a $100,000 jury award, it would be reduced by 20%, representing your percentage of fault, and you would be entitled to collect $80,000 of the award.
If you are going to be pursuing a personal injury claim and you want to know more facts about New York injury laws, please call our Buffalo lawyers today for a consultation.