NYC Personal Injury Lawyer

Statute of Limitations for Personal Injury in NYC

In the State of New York, you generally have three years from the date of the injury-causing accident to file a lawsuit against the at-fault party. This is referred to as the statute of limitations, and it’s especially important not to lose sight of this time restraint. Once this time limit expires, you’ll have no further legal recourse.

It’s important to note that, in the aftermath of an injury-causing accident, you’ll be focused on your recovery, which is likely to be all-consuming. In other words, it’s not unusual for the statute of limitations to sneak by before the claimant even considers going after fair compensation. The sooner you reach out for legal guidance after an injury-causing accident, the better protected your rights will be.

Wrongful Death Claims

Wrongful death claims, which are also based on negligence and are very similar to personal injury claims, are only afforded a two-year statute of limitations in New York. This means that you have just two years from the date of your loved one’s death to file a lawsuit against the at-fault party.

Medical Malpractice Claims

New York also employs a different statute of limitations for medical malpractice claims. You have only 30 months – or two years and six months – from the date of your injury or from the date that your continuous treatment ends to file a medical malpractice case in New York.

NYC Personal Injury FAQs

If someone else’s negligence leaves you injured, you have questions, and the answers to those questions that are asked most frequently may help.

How much do injury lawyers take in NYC?

Most reputable personal injury lawyers in NYC work on what is called a contingency basis. This means that their pay is contingent upon – or based upon – the outcome of the specific claim at hand. This helps to ensure that claimants aren’t stuck with a hefty legal bill on top of the damages they’ve suffered. You and your personal injury lawyer will establish a predetermined percentage that will come out of your verdict or settlement if your case prevails. If your case doesn’t lead to a settlement or court award, however, you won’t owe anything.

How do I sue for an NYC injury?

If you’ve suffered losses as a result of another person or entity’s negligence, the most important first step you can take is to consult with an accomplished personal injury lawyer. From here, you’ll file a claim against the at-fault party – generally through their insurance provider. Your lawyer will engage in skilled negotiations in their efforts to effect a fair settlement that covers your complete losses. If the insurance company refuses to engage in fair negotiations that afford you a fair settlement, it’s time to file a lawsuit, which your personal injury attorney will ably handle.

How long does an NYC personal injury victim have to sue?

In New York, you have three years from the date of the injury-causing accident to file a lawsuit against the at-fault party. Failure to do so within this time frame leaves you with no further legal options.

Our New York Personal Injury Lawyers at The Barnes Firm Injury Attorneys help victims from New York. Our firm is conveniently located near you. We have an office in New York City at 420 Lexington Ave #2140, New York, NY 10170. Find us with our GeoCoordinates: 40.75287283375507, -73.9759697508607

Types of Evidence Used to Prove Fault in an NYC Personal Injury Lawsuit

Your personal injury lawsuit will be based on evidence, which can take all the following forms:

• Your relevant medical records, which help to establish the extent of your injuries
• Your doctor’s account of your physical injuries as well as your prognosis
• Your own account of how the accident happened, as well as how you’ve been affected by it
• The testimony of bystanders who saw the accident happen
• The testimony of professionals with relevant expertise
• Physical evidence gathered at the accident scene
• Accident recreation models that help put the details of your accident into perspective
• The testimony of your friends and family members who share how the accident has affected you
• The accident report or the police report that was generated by the accident
• Photos, videos, and footage taken at the scene of the accident, which can include those taken by eyewitnesses or those generated by security cameras or dashcams

Common Causes of Personal Injuries in NYC

The causes of personal injury claims tend to be as unique as the claims themselves, but they generally fall into basic categories – depending on the kind of accident.

Traffic Accidents

Traffic accidents are often caused by driver negligence, and we discussed the basic forms of such negligence above. When motorists fail to adhere to the rules of the road or to take the kind of care behind the wheel that they should, dangerous traffic accidents become far more likely.

Premises Liability Claims

Slip and fall accidents are a common form of premises liability claim, but all such claims are based on the provision of reasonable care. This means that if the property owner fails to implement the same level of care that other property owners would employ in similar situations, they can be found negligent. Other common forms of premises liability claims include all the following:

• Inadequate security
• Inadequate lighting
• Elevator and escalator accidents
• Fires

Product Liability Claims

Common product liability claims involve dangerous medications, but any claim related to a defective consumer product falls into this category. Negligence in these cases breaks down into three primary types that include:

• The product design is flawed
• The product was damaged or altered during production
• The product lacks the necessary instructions or warnings to ensure its safe usage

Generally, any form of negligence will suffice for a personal injury claim – as long as the at-fault party owed you a duty of care and their negligence was the direct cause of the injury-causing accident, which left you with legal damages.