Personal Injury Law in New York

Were you hurt due to another’s negligence in New York? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in New York can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in New York relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in  New York

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in New York 

Around 823 per 100,000 New Yorkers are injured every year. According to data collected by the New York State Department of Health, the average emergency room cost in New York is about $1,873. Hospitalizations from injuries with an average stay of 6 days amounted to $44,253. On average, New Yorkers make nearly 1.5 million visits to the emergency room each year.

Steps in a Personal Injury Lawsuit in New York

Once you determine that you wish to proceed forward with a personal injury action in New York

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

You begin by consulting with your personal injury attorney, and filing a complaint with the New York civil court. After an answer is made by the defendant, you will issue them your bill of particulars (a list of the damages they owe you). If mediation attempts are then unsuccessful, you can proceed to trial to try to obtain your settlement.

New York Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

Personal Injury settlements can vary depending on a variety of factors. Hence there is no average. In New York a few different personal injury cases reached large settlements that amounted to millions in damages. However, most cases don’t go to trial in order to avoid court fees and because the injuries and damages are less severe. On average most cases settle anywhere from $3,000 to $75,000. New York, being one of the most populous states in the U.S see’s higher than average case numbers, which can lead to higher than average settlements.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in NY, that means you risk not receiving any compensation at all.

Damage Awards in New York

If your New York personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

There are no caps or limits on the damages that you can seek in a New York personal injury case.

Statute of Limitations in New York Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

According to the New York statute of limitations, you must file your personal injury suit within two years of the date of the incident.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced New York Lawyer

Pursue a personal injury claim in New York against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across New York state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.

Secured & Trusted

technolawyer