Unique Challenges in Personal Injury Cases in New York City: Tips From Experienced Lawyers

Unique Challenges in Personal Injury Cases in New York City: Tips From Experienced Lawyers

A serious injury can upend your life in a matter of moments and may negatively impact your quality of life for the foreseeable future. Such accidents often result in significant physical pain, emotional trauma, and financial hardships. If you have sustained injuries due to the negligent or careless acts of another person, organization, or company, you may be able to pursue compensation for your losses.

New York City has implemented a number of personal injury laws that govern a variety of claims. Such laws are designed to hold people accountable when their actions cause harm to others.

Below, we will discuss several New York City personal injury statutes as well as the unique challenges these laws may bring to your injury case. Additionally, we will consider how experienced personal injury lawyers can help you navigate these challenges.

Proving Negligence in New York City Personal Injury Cases

In personal injury law, negligence is a key concept. A negligent person fails to act with the same level of care that a reasonable person would have exercised under the same circumstances. His or her failure to act carefully thereby caused an accident that caused someone else to get hurt.

You must be able to establish fault and negligence. Otherwise, you can not successfully hold the other party responsible for a personal injury claim.

Negligence in a New York personal injury case typically involves these 4 elements:

• The defendant owed the injured victim a duty of care: Everyone has a legal obligation or duty to act with reasonable care so as not to injure others.

• The defendant breached this duty of care: By a negligent or reckless act, the defendant failed to uphold his or her legal duty.

• The defendant’s breach of care resulted in the other party’s injuries: If it were not for the defendant’s actions or failure to act, the victim would not have been hurt.

• The victim’s injuries resulted in actual damages: The injured party sustained substantial losses as a result of the accident.

Proving fault and negligence after a serious accident can be complicated. In some New York personal injury cases, the fault may be attributed to multiple people or parties.

A knowledgeable personal injury lawyer can analyze the circumstances of your accident and help you identify the at-fault party. He or she can then advise you on the best course of action to pursue maximum compensation for your injuries.

New York’s Comparative Fault Laws in Personal Injury Cases

At times, there are multiple contributing factors to a severe accident. It may be that you played a part in what occurred. If this is your situation, under New York’s comparative fault laws, you are not barred from recovering damages for your claim.

New York is a pure comparative fault state. This means that you can pursue a personal injury lawsuit or claim even if you were chiefly responsible for causing the accident. The amount of restitution to which you can claim is reduced by your degree of fault.

The state’s negligence laws may be to your benefit after sustaining severe injuries. However, it is not unusual for an insurance company or defense attorney to use comparative fault laws to reduce their client’s liability for a claim.

Your degree of fault can greatly reduce the amount of money you receive in a personal injury case. It is important to work with a lawyer who has your best interests at heart. With your specific case in mind, he or she can work to negotiate a fair settlement agreement for all you have suffered.

New York’s Serious Injury Threshold in Car Accident Claims

A significant number of personal injury claims stem from serious car accidents. New York’s no-fault insurance laws affect such claims. These laws dictate when you can sue another driver for damages caused by an automobile accident.

Under Personal Injury Protection (PIP) coverage, car accident victims can file injury claims with their own insurer. This no-fault insurance coverage is designed to pay for medical costs, lost wages, and other damages. It could also cover household help and transportation for medical treatment.

However, in cases of serious injury, a car accident victim may be allowed to sue the at-fault driver for further damages. To do so, the plaintiff must prove that his or her injuries meet or exceed the serious injury threshold set out by New York state law.

According to New York statute, a serious injury includes:

• Dismemberment
• Significant disfigurement
• Fracture
• Loss of a fetus
• Permanent loss of use of a limb, body function, organ, or system
• Permanent and significant limitation of a limb, body function, organ, or system
• Non-permanent conditions that prevent you from performing your daily activities for a significant amount of time following your car crash

Such serious injuries can result in permanent disability, lost income, and the need for prolonged medical care. New York’s car insurance laws can be confusing. It is beneficial to consult an experienced personal injury attorney when you have suffered significant losses. He or she can give you vital assistance with your claim to rebuild your life.

Personal Injury Claims Against New York Government Entities

With New York City’s crowded streets, constant construction, and numerous public institutions, personal injury claims involving government entities are not uncommon. That being said, many cases involving government agencies are complicated and difficult to win.

Personal injury lawsuits against New York City may include:

• Injuries sustained on a city bus or while riding the subway
• Slip-and-fall accidents on government property
• Children injured at public school, on the school bus, or at a public park
• Traffic accidents caused by government vehicles
• Government-owned nursing home injuries

New York City has a lot of resources with which to fight your personal injury claim. Further, the legal processes for pursuing an injury claim against a government agency differ from other personal injury cases.

There are significant limitations on the amount of time you have to file a claim against a government entity. Various factors are involved. If you miss even a single step, you may forfeit your ability to pursue your legitimate injury claim. It is wise to seek legal advice as soon as possible if you intend to file such a claim.

New York Statute of Limitations in a Personal Injury Case

The State of New York sets a time limit for filing a personal injury claim or lawsuit. The statute of limitations helps to prevent lengthy litigation and ensures that the parties involved settle legal matters promptly. This limited time frame during which to take legal action also helps ensure the preservation of crucial evidence in the case.

If you wish to pursue legal action and seek just compensation after sustaining a personal injury, it is essential that you do so before the statute of limitations expires. Once the deadline has passed, you no longer have legal recourse to gain restitution for your pain and suffering.

The statute of limitations may differ depending on the exact circumstances of your accident. For example, medical malpractice and wrongful death cases may have a different time period for filing a claim than a car accident.

A well-practiced personal injury lawyer can shed light on how the statute of limitations applies to your case. He or she can ensure no critical deadlines are missed as you move forward with your claim.

Ways in Which a New York Personal Injury Lawyer Can Assist You

Litigating New York personal injury cases is often challenging. Nonetheless, when you hire a personal injury lawyer after an accident, he or she will take multiple steps to get you the fair compensation you deserve.

For example, your injury lawyer can:

• Conduct a thorough investigation of what occurred: Your lawyer can gather evidence to determine the circumstances that led up to the incident and exactly how you were injured.

• Identify all liable parties: There may be multiple parties involved in the accident. Your lawyer can ensure that each person is held accountable for his or her negligence.

• Commission expert witnesses: The testimony of expert witnesses may be very beneficial in successfully resolving your personal injury case. Your attorney may retain respected medical professionals, investigators, accident reconstructionists, and others to aid your injury claim.

• Document the extent of your injuries: Your lawyer can work with you and your doctors to document the full range of your injuries. He or she can then calculate the long-term impact these may have on your life. This information will aid in assigning a fair monetary value to your personal injury claim.

These are just a few of the steps your injury lawyer can take to establish the facts of your case. From there, he or she will have a solid foundation on which to build your personal injury claim.

Contact New York City Personal Injury Attorneys for Advice

A serious injury can leave you hurting physically, shaken emotionally, and broken financially. If you were hurt, wholly or in part, because of another person or entity’s negligent or careless act, you may have legal recourse under New York law.

The current legal landscape in New York City can be stressful and confusing. You need a legal advocate to guide you through the injury claim process.

The team of personal injury attorneys at the law firm of Hill & Moin stands ready to help you at this difficult time. When we take your case, we can do the legal legwork so that you can focus on your recovery.

Known for their respect and compassion for each and every client, our personal injury lawyers are adept at holding negligent parties accountable for their actions. We endeavor to maximize all potential compensation in a personal injury claim, even if you bear some responsibility for what happened.

The Hill & Moin legal team, well-versed in New York state law, is ready to answer your questions about the unique challenges of your personal injury case. We wish to give you the confidence to pursue your legal remedies for compensation.

Learn about your Personal Injury Recovery SolutionsⓇ and how you can secure your future. Call us at (212) 618-6000 or complete our online form for a free case evaluation. We want to hear your story.

Don’t wonder about your rights!