If you’ve been involved in an accident in New York,you should take note of the state laws that may affect your case in the event that you are pursuing compensation for your injuries. You should also hire ahttp://www.lpscw.org/traits-to-look-for-in-a-top-lawyer/ to represent you.
As with every other state,there are time limits imposed for injury lawsuits in New York. The statute of limitations dictates that you have three years from the date of the incident in which to file a lawsuit in a court of law. This law is vitally important because if you do not bring your lawsuit within this timeframe,your case will be refused and you will forfeit your right to claim compensation. This law applies to most personal injury cases however not all of them. When it comes to medical malpractice,it is legislated and governed by a separate statute of limitations.
Like many other states,New York makes use of the shared fault rule. This basically means that an injured party can also be partly responsible for their injuries. By making use of the pure comparative negligence law,the amount of compensation you receive will be reduced by your percentage of fault in the accident. So for example,if you claimed for $10,000 worth of compensation and your fault in the accident was deemed to be equivalent to 20%,then you will only receive $8000 for your claim.
New York also follows a no-fault insurance rule when it comes to car accidents. This basically means that irrespective of who caused the car crash,if you are involved in one you need to make a claim with your own insurance company via your own insurance policy. However,if your injury is deemed as a serious injury,you may step outside of this law and file a liability claim for personal injury. However,in order to qualify for this exception to the rule,you must have experienced one of the following:
— Bone fracture
— significant disfigurement
— permanent limitation of use of body organ or member
— a significant limitation of use of body function
— full disability for 90 days
So provided you qualify you can begin Suing for a Serious Personal Injury in New York with help from a injury lawyer.