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New York Personal Injury
If you suffered personal injuries in an accident in New York City and it was someone else's fault, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering.
Types of New York Personal Injuries
Personal injury generally refers to mental and physical injuries to a person's body that are caused by someone else's negligence. These injuries may be minor or may be so severe as to cause the person's death. Personal injury does not include damage to or destruction of your property (such as your car or house).
Personal injuries can occur in any number of ways, but causes often include:
- Automobile accidents in New York City
- Boating accidents in or around New York City
- Dog bites in New York City
- Medical malpractice in New York City
- Motorcycle accidents in New York City
- Nursing home abuse in New York City
- Railroad accidents in or near New York City
- Sexual abuse in New York City
- Slip-and-fall accidents in New York City
- Trucking accidents in New York City
How Is Fault Determined in New York City Personal Injury Cases?
To collect money stemming from a personal injury claim, New York state law requires you to prove that another party was negligent. You must show:
- The party that caused your injuries had a responsibility not to injure you and failed to live up to that duty
- There is a connection between the other party's responsibility and your injury
- You suffered damages, or a financial loss, as a result of your accident
New York state law will reduce the total amount you can recover if it's found that your carelessness contributed to your injuries.
Types of New York Personal Injury Compensation
If it's determined that another party's negligence was responsible for your injuries, they may be required to pay for:
- Past, present, and future medical bills for treatment related to your injuries
- The repair or replacement of any property that was damaged or destroyed in your New York City accident
- Lost wages for time off from work (including time spent going to doctor's appointments and physical therapy)
- The cost of hiring someone to do household chores that you're unable to do because of your injury that occurred in New York
- Permanent disability and disfigurement stemming from the accident
- Emotional distress from the accident
- Any other costs you've incurred because of the accident
If you were injured because of a crime committed by someone else, that person may be prosecuted under New York state criminal laws. In the case of other accidents, you may ultimately have to file a personal injury lawsuit in New York courts to recover money to pay for your injuries.
How Long Do You Have to File a Personal Injury Claim in New York?
New York state law gives you three years from the date of your personal injury to file a bodily injury claim against the party at fault. (This is known as the statute of limitations.) If you and your New York City personal injury lawyer are unable to negotiate a settlement with the other party (or their insurance company), you should consider filing a lawsuit before the statute of limitations runs out.
For New York City personal injury claims worth more than $25,000, you would file your lawsuit in the appropriate Supreme Court. Claims involving accident injuries in New York City and elsewhere in New York County would be heard in the Civil Branch of the Supreme Court of the State of New York, New York County.
If your New York City personal injury accident claim is for less than $25,000, you would file your personal injury lawsuit in the New York civil court that has jurisdiction. For personal injury claims in New York City, Roosevelt Island, Randall's Island, Ward's Island, and elsewhere in New York County, the New York City Civil Court would have jurisdiction.
Your New York City personal injury lawyer can tell you which specific court is the appropriate court to resolve your dispute.