New York State Personal Injury Laws
If you have been seriously injured in an accident caused by someone else’s negligence, you will need some background information on New York State personal injury laws if you wish to recover compensation. Contact our Rochester office for dedicated legal representation. Let our experience work for you.
New York State Personal Injury Laws | Types of Damages
New York State allows an injured party to recover compensation for two main categories of damages: economic damages and non-economic damages. Economic damages refer to all categories of damage that can be quantified with a relatively precise dollar amount. These types of damages include past and future medical expenses, past and future lost wages, loss of household services, the cost of property damage, and out-of-pocket losses caused by the accident. Non-economic damages can be thought of as losses that cannot be quantified or assigned a fair market dollar value. They include past and future pain and suffering, past and future mental anguish, disfigurement and scarring, permanent impairment or disability, and loss of consortium for the lost society and companionship of a spouse or parent.
New York State Personal Injury Laws | Statute of Limitations
In order to pursue compensation for personal injuries, one must comply with New York’s filing deadlines, known as “statutes of limitation.” Different cases have varying time frames within a party must assert their claim after sustaining their injuries. If the party attempts to assert their claim outside of the statute of limitations for their particular case, New York Courts will refuse to hear their lawsuit, and their case is forever time-barred, meaning they have permanently lost the right to pursue compensation for their losses and injuries.
In cases where the at-fault party is a governmental entity, the timeframe for initiating a claim may be as little as 90 days. In cases involving medical negligence or medical malpractice the filing deadline is typically two and a half years from the date a party suffered their injuries. Most other personal injury and wrongful death cases in New York have a three-year statute of limitations. These include injuries suffered from motor vehicle accidents, premises liability, product liability, and toxic exposure. It is important to consult with a skilled and experienced Rochester injury attorney so that you can be sure you won’t miss a filing deadline for your case.
Contact our office today if you need more information on New York State personal injury laws and would like to receive a case evaluation from our experienced Rochester attorneys.