If you’ve been injured in an accident that was not your fault, you may be considering filing a personal injury lawsuit. Before you take any legal action, it’s important to understand the basics of personal injury law in New York. In this article, we’ll discuss five things that you should know before filing a personal injury lawsuit in New York. Keep reading to learn more!
1. How long is the state of New York’s statute of limitations?
In most cases, New York’s statute of limitations requires you to file your personal injury lawsuit within three years of the date of the accident. However, if you are suing the State of New York or one of its municipalities, you only have 90 days from the date of the accident to file a notice of claim.
It’s important to note that if you miss either deadline, you will most likely be barred from recovering any compensation for your injuries. However, very rare exceptions exist; for example, if the injury is not recognizable until a later date, like in the case of mesothelioma or other long-term diseases, the case is allowed to be filed within three years of diagnosis instead of the actual accident or occurrence.
2. How long can a personal injury lawsuit in New york case take?
The length of your case will depend on a number of factors, including the severity of your injuries and the complexity of your legal claim. However, most personal injury cases in New York are resolved in as little time as four months to as much as five years after beginning.
If you have been seriously injured, it’s important to speak with an experienced personal injury attorney in New York who can help you understand the timeline for your particular case.
It’s also important to note that if you reach a settlement with the liable party, your case will be resolved much sooner than if you go to trial. In most cases, settlements are reached within six to twelve months after the lawsuit is filed.
3. Is it necessary to have an attorney on my case?
While it’s not required to have an attorney on your personal injury case in New York, it is highly recommended. If you choose to represent yourself, you may be up against insurance companies who have teams of experienced attorneys working on their behalf.
Furthermore, studies have shown that plaintiffs who are represented by counsel tend to recover significantly more money than those who choose to represent themselves.
At the very least, you should consult with an attorney before you file your lawsuit to ensure that you are taking the appropriate legal action. An experienced attorney will also be able to help you negotiate a fair settlement with the liable party.
If you choose to represent yourself, you will likely have to go to trial, which can be a lengthy and complicated process. You should also be aware that if you lose your case, you may be required to pay the other side’s legal fees.
For these reasons, it’s generally in your best interest to hire an experienced personal injury attorney to represent you in your case. A New York personal injury attorney can help you recover the full amount of compensation that you are entitled to under the law.
4. Do I need to prove the negligence of the other party in a personal injury case?
Yes, in order to recover compensation in a personal injury case, you must prove that the other party was negligent. This means that you will need to show that the other party breached their duty of care and that their negligence resulted in your injuries.
If you are able to prove the negligence of the other party, you may be entitled to recover damages for your medical expenses, lost wages, and more. But if the injury did not occur due to negligence, you likely do not have grounds for a personal injury case.
An experienced personal injury attorney can help you determine the grounds for your case and gather the evidence you need to prove the negligence of the other party and recover the maximum amount of compensation possible.
5. Are personal injury cases always settled in court?
No, a personal injury lawsuit in New York is not always settled in court. In fact, most personal injury cases are resolved through settlement negotiations between the parties.
However, if the parties are unable to reach a settlement agreement, the case will go to trial. If you have been injured in an accident, you should contact an experienced personal injury attorney who can help you understand your legal rights and options.
Contact a Personal Injury Attorney
If you decide to file a personal injury lawsuit, it’s important to be prepared for the legal process. By understanding the basics of New York personal injury law, you can ensure that your case is handled properly and efficiently.
Napoli Shkolnik has a team of experienced New York personal injury attorneys who can help you with every step of your case. Contact us today to schedule a free consultation. We will review the facts of your case and advise you on the best course of action.