What is a Personal Injury Case?
A personal injury case is a legal dispute that arises when you are harmed because of the negligent, reckless, or intentional actions of another party. By filing a personal injury claim, you can seek compensation for the physical, emotional, and financial damages you have suffered as a result of their actions.
Personal injury cases in New York can stem from a wide range of circumstances including:
- Motor Vehicle Accidents – Accidents involving cars, commercial trucks, buses, motorcycles, and other vehicles
- Premises Liability – Slip and fall accidents, escalator and elevator accidents, swimming pool accidents, and other accidents caused by unsafe or defective conditions on someone’s property
- Medical Malpractice – Injuries caused by substandard medical care by healthcare providers
- Construction Accidents – Accidents at construction sites caused by labor law violations and due to the negligence of third-parties
- Defective Products – Injuries caused by defectively designed products and products without proper instructions or sufficient warnings
- Product Liability – Injuries caused by defective or dangerous products
- Dog Bites – Injuries caused by dogs
- Assault and Battery – Intentional harm caused by another person.
- Nursing Home Abuse – Abuse or neglect of elderly residents in nursing homes
- Sexual Abuse and Assault – Sexual abuse of minors or sexual assault of adults or minors
Key Components of a New York Personal Injury Claim
The key components of a personal injury claim in New York include:
Injury or Harm
You must have suffered some form of harm, whether it is a physical injury, emotional distress, or financial losses.
Liability
You must establish that someone else (the defendant or at-fault party) is legally responsible for the injuries or harm you suffered. This typically involves demonstrating that the defendant was negligent, reckless, or intentionally harmful in some way.
Causation
You must prove that the defendant's actions or negligence directly caused or contributed to your injuries or losses.
Damages
You must provide evidence of the specific damages incurred as a result of the injury. This can include medical bills, lost wages, property damage, pain and suffering, and other related expenses.
Steps Involved in Filing a Personal Injury Claim in New York
Consulting an Attorney
This step involves consulting with a New York personal injury attorney who will evaluate your case's merits and advise you on the best course of action.
Investigation
In this step, your attorney will gather evidence to support your claim – including medical records, accident reports, witness statements, expert opinions, and any other relevant evidence.
Demand Letter
Your attorney will send a demand letter to the defendant or their insurance company outlining your injuries, their liability for the accident, and the amount of compensation you are demanding.
Negotiation
In this step, your attorney and the insurance adjuster will engage in settlement negotiations and try to reach a resolution without going to trial. This involves back-and-forth discussions and negotiations to agree on a fair compensation amount.
Filing a Lawsuit
If a settlement cannot be reached, your attorney will choose to file a lawsuit in civil court against the defendant.
Discovery
In this step, both sides will exchange information and evidence through depositions, interrogatories, and document requests.
Trial
If a settlement still cannot be reached, the case will proceed to trial. During the trial, both parties will present their case and a judge or jury will determine the outcome.
Appeals
Either party may appeal the court's decision if they believe a legal error was made during the trial.
Statute of Limitations for Filing a Personal Injury Claim in New York
Under New York law, the statute of limitations for filing a negligence based personal injury claim is three years. For medical malpractice cases, the statute of limitations is two and a half years. For civil claims stemming from criminal acts like assault and battery, the statute of limitations is one year. If a municipality is involved you must file a claim within 90 days.
Our Award-Winning New York Personal Injury Lawyers are Ready to Help You
If you have been injured by someone else’s careless, reckless, or intentional actions, you might be entitled to compensatory damages. At the Law Offices of Michael S. Lamonsoff, we have a long and successful track record of fighting for the rights of injury victims in New York. Over the years, we have recovered more than $500 million in settlements and jury awards for our clients.
Our legal team led by award-winning civil litigator Michael S. Lamonsoff has more than 150 years of combined legal experience and can get results that most of our peers cannot.
To find out how we can help you with your personal injury claim, call us today at 212-962-1020 or fill out our online contact form and schedule a free consultation with one of our highly-rated New York personal injury attorneys.