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  • Some Personal Injury Settlements

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New York Personal Injury Law

How long do I have to file a claim for personal injury?

The Statute of Limitations in New York runs out three years after your injury.

How do I find out who is responsible for my injury under this state`s personal injury law?

To be awarded damages in New York, you need to prove that the person who caused the injury was “negligent”, that is they failed to take a reasonable amount of care. Under New York personal injury law there are 4 things which must be proven in a personal injury lawsuit:

  • The defendant owed you a duty of care
  • The defendant failed to carry out that duty
  • That failure was the cause of your injury
  • As a result of that failure, damages were suffered
New York operates under the system of pure comparative negligence, whereby even if you are partly responsible for the injury you can still claim compensation. However, any payment made will be decreased in proportion to the amount of blame you bear. Anyone who is more than 50% responsible for you injury is liable for the entirety of the judgment, even if other people were involved. Anybody less than 50% responsible is responsible for only non-economic damages.

If your injury was caused by a consumer product, the manufacturer of the product may be responsible for your injury under the legal doctrine of strict liability. In this case, there are again 4 things that need to be proven in New York:

  • The product was faulty thus dangerous, even if used in the correct manner
  • It was the defect in the product that caused the injury
  • Damages were suffered
  • The cause of the injury wasn?’t obvious, such as a sharp knife.

What can I claim compensation for?

Under New York personal injury law, the person responsible for your injury is liable for:
  • Medical costs as a result of the injury, past, present and future
  • Lost work time, for example as a result of therapy or doctor’s appointments
  • Damaged property
  • The cost of hiring a home help for the period when you couldn’t do housework
  • Any permanent scarring or disability
  • Emotional distress such as depression, and strain in family relationships
  • A loss of earning ability as a result the injury
  • Other costs directly caused by the injury

In order to best pursue your claim for personal injury, especially with regard to any necessary expert testimony, we recommend you contact a personal injury lawyer.

Find a personal injury attorney in your state here.

Syracuse Personal injury lawyer
Albany Personal injury lawyer

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