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Whether upstate or in the city, New Yorkers face many daily hazards. Perhaps you were driving home from work when a drunk driver hit your car. Or maybe you were walking in Lower Manhattan when construction debris fell on you. When you were least expecting it, your life may have changed instantly.
If insurance doesn’t cover your expenses, you might consider filing a lawsuit to seek compensation. A New York personal injury lawyer can help. But with over 55,000 members of the New York State Bar Association, where do you begin?
At RP Legal Group, we help injured people connect with qualified personal injury lawyers in their area. We have a network of knowledgeable accident attorneys across the state, including the following locations:
- New York-Newark-Jersey City
- Nassau County-Suffolk County
- Yonkers
- Buffalo-Cheektowaga
- Albany-Schenectady-Troy
- Kiryas Joel-Poughkeepsie-Newburgh
- Syracuse
- Utica-Rome
- Binghamton
To read what other New York clients say about us, check out our reviews!
Do I Have a Personal Injury Case?
Many accidents are unfortunate, but not all count as personal injury cases. You may have a personal injury claim when someone else’s negligence caused your accident.
Personal injury lawsuits require you to prove the following elements:
- Duty — the defendant owed you a duty of care
- Negligence — the defendant failed to uphold that duty
- Causation — the defendant’s conduct caused your injuries
- Damages — the accident resulted in financial, physical, or emotional losses
Shared Fault in New York Accident Lawsuits
What happens if you were partially at fault for your injuries? For example, you were texting when you fell into an open hole in the sidewalk or jaywalking when a drunk driver hit you. Thankfully, for New York accident victims, you can still pursue compensation for your injuries — even if you were 99% to blame.
New York uses pure comparative negligence, a more forgiving system than many other states. However, your award amount will drop in proportion to your degree of fault. For example, if you are 50% to blame, you can only collect half the settlement amount.
No-Fault Auto Insurance in New York
Most US states have at-fault insurance laws, which means the party that caused the accident is responsible for paying the other parties for their losses. New York, however, is one of only a dozen states that use a no-fault insurance system.
Also known as personal injury protection (PIP), no-fault insurance reimburses the policyholder no matter who caused the accident. That means you must first turn to your insurer for compensation. However, you can sue the other driver if you suffer a “serious injury” or your medical expenses exceed your PIP coverage.
New York law considers the following to be serious injuries:
- Broken bones
- Injury or impairment that prevents you from performing your normal activities for 90/180 days
- Permanent loss of a body part, function, system, or organ
- Significant disfigurement
- Loss of a fetus
- Death
For a free legal consultation with a Personal Injury lawyer serving New York, call 888-340-7454
What Are Examples of Common Personal Injury Cases?
At RP Legal Group, our accident lawyers often deal with the following common personal injury cases:
- Traffic crashes, including motorcycle, truck, and car accidents
- Public transportation and rideshare injuries
- Slips, trips, and falls
- Dog bites and animal attacks
- Construction accidents
- Workplace injuries
- Defective products
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What Kinds of Compensation Can I Pursue?
A personal injury lawsuit helps you seek financial compensation for your losses. In legal terms, these are “damages.” There are three broad categories of damages in New York:
- Economic damages: These are the direct financial consequences of your accident, including medical bills, lost income, reduced earning potential, and property loss.
- Non-economic damages: These compensate you for the harder-to-quantify costs of your accident, such as pain and suffering, mental trauma, and permanent disfigurement.
- Punitive damages: Only applied in cases of gross negligence or willful misconduct, punitive damages are designed to punish defendants rather than compensate victims.
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What Evidence Do I Need To Support My Case?
All lawsuits rely on evidence to prove their claims. The following are common types of evidence in personal injury cases:
- Police reports
- Incident reports from the business where your accident occurred
- Photos and videos of the accident scene
- Eyewitness testimony from people who saw what happened before, during, or after the accident
- Expert witness testimony from medical consultants, industry insiders, or accident reconstructionists
- Medical records, invoices, and receipts
- Employment and tax documents showing missed work and lost wages
- Business safety records, including black box data and vehicle inspection logs
Typically, you and your attorney will work together to gather evidence. You can help your case by taking photographs at the accident scene, documenting your recovery, and keeping a file with relevant documents. Your legal team will help by securing surveillance footage, interviewing witnesses, and hiring consultants.
To learn more about evidence, damages, and fault in personal injury lawsuits, check out our blog!
Ready to connect with a New York personal injury lawyer today? Call RP Legal Group at 888-340-7454.
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FAQs
1. What is the statute of limitations for New York personal injury cases?
The statute of limitations for most New York personal injury cases is three years (Civil Practice Laws and Rules, Article 2, § 214). However, different deadlines might apply in certain situations. Contact a New York injury accident lawyer to determine the statute of limitations in your case.
2. How long does it take to settle a personal injury case in New York?
A personal injury case in New York could take weeks, months, or years to settle. The time frame depends on factors like the severity of your injuries, the evidence each side has to support its case, and the degree of cooperation between the parties.
3. How much does it cost to file a personal injury case in New York?
The cost to file a personal injury case in New York varies but typically includes court fees, investigation costs, administrative expenses, and legal fees. However, many New York personal injury lawyers charge a percentage (usually one-third) of your total compensation, so you won’t have to pay for their services up front.
For a free legal consultation with a Personal Injury lawyer serving your area, call 888-340-7454