Personal injury cases are quite common in New York and across the United States. When someone sustains injuries as a result of someone else’s negligence or recklessness, they have the right to seek compensation for their losses. Personal injury laws in New York govern such cases and provide a framework for seeking compensation for the damages you have suffered.
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Types of Personal Injury Cases in New York
There are several types of personal injury cases that fall under the purview of New York law. Some of these include:
Car Accidents
Car accidents are one of the most common types of personal injury cases in New York. When someone is injured due to the negligence of another driver, they may be entitled to compensation for their losses.
Slip and Fall Cases
Slip and fall cases arise when someone sustains injuries due to a dangerous condition on someone else’s property. This could be anything from a wet floor to a defective staircase.
Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to provide adequate care, leading to injury or harm. This could include a surgical error, misdiagnosis, or medication error.
Construction Accidents
Construction accidents occur when someone is injured on a construction site due to the negligence of a contractor or employer. These accidents can include falls from heights, equipment accidents, and other related incidents.
Statute of Limitations for Personal Injury Cases in New York
When you sustain injuries due to the negligence or recklessness of another person, you have a limited time to file a lawsuit. In New York, the statute of limitations for personal injury cases is three years from the date of the incident. This means that you must file a lawsuit within three years of the date of the accident, or your claim may be barred.
Contributory Negligence in New York
New York is a comparative negligence state, which means that even if you were partially at fault for your injuries, you may still be able to recover damages. However, the amount of damages you receive may be reduced based on your level of fault.
Damages in Personal Injury Cases in New York
When you file a personal injury lawsuit in New York, you may be entitled to several types of damages, including:
Economic Damages
Economic damages are those that can be easily quantified, such as medical bills, lost wages, and property damage. These damages are typically awarded to compensate you for the monetary losses you have suffered.
Non-Economic Damages
Non-economic damages are less concrete than economic damages and include things like pain and suffering and emotional distress. These damages are awarded to compensate you for intangible losses you have suffered as a result of the accident.
Choosing a Personal Injury Attorney in New York
If you have sustained injuries in an accident in New York, it is important to choose the right attorney to represent you. Look for an attorney who has experience with personal injury cases and has a track record of success in obtaining compensation for their clients.
Conclusion
Personal injury laws in New York provide a framework for seeking compensation for the damages you have suffered due to the negligence or recklessness of another person. If you have been injured in an accident, it is important to consult with an experienced attorney who can help you navigate the legal process and obtain the compensation you deserve.