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.
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:
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:
New York state law will reduce the total amount you can recover if it's found that your carelessness contributed to your injuries.
If it's determined that another party's negligence was responsible for your injuries, they may be required to pay for:
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.
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.