Best Personal Injury Lawyers in New York

About Personal Injury Law in New York, United States

Personal Injury law in New York covers legal disputes arising when someone suffers harm from an accident or injury, and another person might be legally responsible for that harm. These cases often involve compensation, known as damages, for medical expenses, lost wages, and pain and suffering. In New York, personal injury claims can arise from various incidents, including car accidents, slip and falls, workplace injuries, medical malpractice, and wrongful death cases. The law in New York is designed to protect the rights of victims and ensure they are fairly compensated for their losses.

Why You May Need a Lawyer

Navigating a personal injury claim in New York can be complex. Hiring a lawyer can make a significant difference in the outcome of your case. Some common situations where legal help may be needed include:

• If you have suffered serious injuries that result in extensive medical treatment or long-term impact on your quality of life
• If there is disagreement about who is at fault in the accident
• If an insurance company is denying your claim or offering a settlement that does not cover all your expenses
• If your injury occurred due to medical negligence or malpractice
• If your accident involved a government entity or employee, as there are special rules and deadlines for suing the government
• If multiple parties may be responsible for your injuries, complicating the claims process

An experienced personal injury attorney can evaluate your situation, help you understand your rights, and guide you through each step to pursue the best possible result.

Local Laws Overview

New York personal injury law has several unique elements that can impact your case:

• Pure Comparative Negligence: New York follows a pure comparative negligence rule. This means that even if you are partly at fault for your injuries, you can still recover damages. However, the amount you receive will be reduced by your percentage of fault.
• Statute of Limitations: Generally, you have three years from the date of the accident to file a personal injury lawsuit in New York. Certain cases, like medical malpractice or claims against a government entity, may have shorter deadlines.
• No-Fault Insurance: For most car accidents, New York uses a no-fault insurance system. After a crash, you usually seek compensation from your own insurance company regardless of who caused the accident, unless your injuries meet a "serious injury" threshold set by state law.
• Liability for Property Owners: Property owners in New York are required to keep their premises reasonably safe. If you are injured due to unsafe conditions, you may have a premises liability claim.

Understanding these local laws is crucial for protecting your right to compensation after an injury.

Frequently Asked Questions

What qualifies as a personal injury claim in New York?

A personal injury claim involves physical, emotional, or psychological harm caused by another person's negligence, wrongful act, or failure to act. Common examples include car accidents, slips and falls, workplace injuries, and medical malpractice.

How long do I have to file a personal injury lawsuit in New York?

You generally have three years from the date of the injury to file a personal injury lawsuit. Certain exceptions exist, so it is important to check the deadline specific to your case or consult a lawyer as soon as possible.

What should I do immediately after an accident?

Get medical attention for your injuries, report the incident to the proper authorities, document the accident scene and your injuries with photos, get contact information for witnesses, and avoid making recorded statements to insurers before consulting with an attorney.

Can I still recover damages if I was partially at fault?

Yes. Under New York's pure comparative negligence rule, your compensation will be reduced by your percentage of fault, but you can still recover damages.

What is the serious injury threshold in New York car accidents?

To file a lawsuit against another driver after a car accident, your injuries must meet the "serious injury" threshold defined by state law, such as significant disfigurement, bone fracture, or permanent limitation of use of a body organ or member.

What damages are available in a personal injury lawsuit?

You may be entitled to compensatory damages for medical costs, lost wages, pain and suffering, property damage, future medical expenses, and, in some cases, punitive damages.

How much does it cost to hire a personal injury lawyer?

Most New York personal injury lawyers work on a contingency fee basis, meaning you only pay if they win your case. The typical fee is a percentage of your recovered damages.

Do I have to go to court?

Many personal injury claims are settled outside court through negotiations with insurance companies. However, if a fair settlement cannot be reached, going to court might be necessary.

How long does a personal injury case take?

The length of a case varies depending on its complexity, the severity of injuries, cooperation of the parties involved, and court schedules. Some cases settle quickly, while others may take months or even years.

Can I sue the City of New York for my injury?

Yes, you can bring a claim against the City or other government agencies, but you must follow special procedures, including filing a notice of claim within 90 days of the incident. Consult a lawyer as soon as possible to preserve your rights.

Additional Resources

If you need more information or assistance regarding personal injury in New York, consider reaching out to the following resources:

• New York State Bar Association - Provides information on legal rights and finding a qualified attorney
• New York State Department of Financial Services - Handles automobile insurance and no-fault benefit information
• Office of the New York State Attorney General - Offers consumer protection and legal resources
• Civil Court of the City of New York - Handles small claims and personal injury lawsuits
• New York City Law Department - Information on filing claims against the City of New York

Always verify the contact information and operating hours of these organizations before reaching out.

Next Steps

If you believe you have a personal injury claim in New York, consider the following steps:

• Seek immediate medical attention for your injuries and keep detailed records of your treatment
• Gather and save evidence such as photos, accident reports, and witness contact information
• Write down everything you remember about the incident while it is still fresh in your mind
• Consult with a qualified personal injury lawyer who is familiar with New York laws
• Do not sign any documents or accept any settlements from insurance companies before obtaining legal advice

The sooner you seek legal advice, the better your chances of protecting your rights and maximizing your recovery. A knowledgeable attorney can assess your case, explain your options, and handle the legal process so you can focus on your recovery.