What are your rights as a victim of an automobile accident or a worker’s compensation case or as a slip-and-fall case victim? So, they are twofold but when you understand the legal procedures you can be in a better position to seek justice and be compensated where necessary. In NYLawnet, we provide New Yorkers with the information they need to help them through the process of filing a claim for personal injury.
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Compensation of Injuries for Right Holders
When in New York, everyone has the privilege of recovering for harm caused by the negligence or act of another. Such are personal injuries, damages for medical expenses, lost wages, pain and suffering, and for property damage. If the injuries clearly cause you long-term disability or need ongoing treatment in future, your claim can also address these costs.
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Statute of Limitations
The most important element of a personal injury lawsuit in New York is the time frame in which the lawsuit must be filed, referred to as the statute of limitations. New York State law positions the general rule for personal injury claim at 3 years from the date of the accident. Consulting with a Bronx Car Accident Lawyer or a Construction Accident Attorney In Manhattan can help ensure you file your claim within the allowable period.
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Is It Possible to Avoid Liability for Car Damage or Injuries?
No-Fault Insurance What you should know is that New York is mainly what we call a no-fault state when it comes to auto accidents, therefore your insurance company will be the one that pays for your medical bills and any lost wages regardless of any fault.
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Negligence and Liability
In New York, to succeed in the personal injury claim you have to demonstrate that the other party was at fault and caused your injuries. Negligence can be gross or minor which include but not limited to the cases like a driver who rammed the signal/traffic light at red, a landlord/owner who let their premises to erect in a dangerous way, an employer who chose to ignore any safety measures. The more proof you can accumulate to indicate negligence, the better your chance will be.
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Comparative Fault in New York
Like many other states, New York is like a comparative negligence state as it allows you to recover even if you are in some way at fault. However, your compensation will be less the amount of the percentage of fault attributed to you. For instance, if you are awarded $5000 but you are deemed to be at 30% to blame, your award will be cut down to $3500.
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Types of Damages Available
When filing a personal injury claim, you may be entitled to several types of damages:
- Economic Damages: These include the physical losses such as; medical expenses, wages lost, and costs of repair.
- Non-Economic Damages: These are for personal injuries and include pain and suffering, emotional distress or loss of enjoyment of life.
- Punitive Damages: You may also receive punitive damages in case of negligence or even if the perpetrator acted in bad faith, with the purpose of causing harm.
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Everyone needs the services of an experienced personal injury lawyer from time to time.
It can be very confusing at times to determine whether or not an individual has a claim for personal injuries, this is why people require a personal attorney. At NYLawnet, we assign dedicated professionals, such as a Construction Accident Lawyer In Long Island or a Bicycle Accident Lawyer In The Bronx, to review your case, gather evidence, negotiate with insurers, and represent you in court if necessary.
Conclusion
Before you can properly protect your interests and receive a fair compensation for your injuries in New York, it is important to know what your rights are. In deciding whether one can follow through to initiating a wrongful termination lawsuit, or understand how much time one has for filing a lawsuit, knowing your rights can go a long way in making a change in the outcome of your case. If you or a close one have suffered an injury, contact NYLawnet right now for a free consultation to talk about legal remedies available and how those could help you.