Frequently Asked Questions

Personal Injury Law

How long do I have to file a personal injury lawsuit in New York?

For adults, the New York personal injury statute of limitations for filing a lawsuit is generally three years from the date of the incident or injury. The statute of limitations for New York wrongful death claims is two years from the date of death. The time period to file claims and lawsuits against a municipality is generally much shorter and the time limit for filing a medical malpractice lawsuit is generally two years and six months. Once the New York statute of limitations expires, the injured victim will be prohibited from filing a lawsuit to recover damages. Therefore, it’s important to contact a New York personal injury attorney as soon as possible to help ensure your time period to file a claim or lawsuit does not run out.

What must I prove to have a successful personal injury lawsuit in New York?

In most cases, you will have to prove that the person who caused your injury was negligent. To do so, you must show that this individual owed you a duty to not injure you and that the duty was violated. Furthermore, you must prove that there was a connection between this breach of duty and the personal and financial injuries that you have suffered.

What kind of damages can I receive in a personal injury lawsuit?

Personal injury law in New York allows for injury victims to make up for physical pain and suffering, emotional trauma, lost wages, medical expenses and other damages. A New York personal injury lawyer will be able to determine your eligibility to compel the person responsible for your harm(s) to make up for the harms that they have caused.

What is New York’s No-Fault law?

New York’s No-Fault law states that insurance companies must pay for lost earnings, medical bills, and other costs related to an automobile incident regardless of who was responsible. It is designed to ensure that injured parties receive appropriate partial repayment of some of their losses. While effective to a certain extent, it is best to consult a personal injury law firm to ensure you receive the benefits you are entitled to. No-fault is not compensation to you for your injuries.

Why Hire An Attorney?

A personal injury attorney will assess your claim. An experienced attorney will handle all aspects of your case from filing your claim, effecting settlement negotiations, drafting documents, hiring experts, trial advocacy, and appeals. A skilled attorney can afford you the information and the representation you deserve and make a very stressful matter as painless as possible.

For more information or to schedule a consultation, please call one of our New York attorneys at 1-866-546-4752 or fill out our contact form.