Navigating the legal landscape of personal injury laws in New York can be daunting. Understanding these laws is critical for anyone seeking compensation for injuries resulting from negligence, accidents, or intentional harm. This guide provides an in-depth look at New York’s personal injury laws, helping you understand your rights and what to expect when filing a claim.

Understanding Personal Injury Law in New York

Personal injury law, also known as tort law, allows people to pursue damages for losses or injuries brought about by the carelessness or deliberate actions of others. In New York, personal injury claims come from various situations, including car accidents, slip and falls, medical malpractice, and workplace injuries.

Key Components of Personal Injury Law

1. Negligence: You must establish the defendant's negligence in order to win in a personal injury lawsuit.  Negligence involves four elements:
   • Duty: The defendant owed you a duty of care.
   • Breach: That responsibility was broken by the defendant.
   • Causation: The breach caused your injury.
   • Damages: You suffered actual damages (e.g., medical bills, lost wages).
2. Strict Liability: In some situations, such as product liability or dog bites, you may not need to prove negligence. Instead, strict liability laws apply, holding the defendant responsible regardless of fault.
3. Comparative Negligence: New York follows a "pure comparative negligence" rule. This means that your compensation will be lowered in proportion to your degree of fault if you share some of the blame for your injury. For example, you will get $70,000 if you are found to be 30% at fault and the reward is $100,000.
4. Statute of Limitations: In New York, a personal injury lawsuit must be filed within three years from the date of the injury. This timeframe can vary based on the type of case. For example, the statute of limitations for medical malpractice is 2.5 years

Common Types of Personal Injury Cases

• Car Accidents: New York is a no-fault state, meaning your insurance covers your injuries regardless of who caused the accident. However, you can file a lawsuit for severe injuries or if damages exceed your policy limits.
• Slip and Falls: It is the property owners responsibility to keep their spaces secure. If you slip and fall due to a hazardous condition, you may have a valid claim.
• Medical Malpractice: This is when a medical professional deviates from the recommended course of care and injures someone. Examples include surgical errors, misdiagnosis, and medication mistakes.
• Workplace Injuries: Workers' compensation usually covers workplace injuries. However, you may file a personal injury lawsuit if a third party is responsible.

Steps to Take After an Injury

1. Seek Medical Attention: Your health should come first; seeking prompt medical treatment not only ensures your well-being but also provides essential documentation for your injury.
2. Document the Incident: Collect evidence, including photos, witness statements, and police reports.
3. Notify Relevant Parties: Inform your employer, property owner, or other relevant parties about the injury.
4. Consult a Personal Injury Attorney: Talking with an experienced attorney will help you through the challenging legal system and fight to get the most money possible for you.

Calculating Compensation

Compensation in personal injury cases aims to make the injured party "whole" again. This can include:

• Economic Damages: These are quantifiable losses such as medical expenses, lost wages, and property damage.
• Non-Economic Damages: These include intangible losses such as pain and suffering, emotional discomfort, and diminished quality of life.
• Punitive Damages: Punitive damages might be granted in situations of extreme behavior in order to penalize the defendant and discourage future incidents.

Recent Statistics on Personal Injury in New York

• According to the New York Department of Motor Vehicles, there were over 299,452 motor vehicle accidents in 2020, resulting in 43,000 injuries.
• The New York State Department of Health reported that falls were the leading cause of injury-related hospitalizations, with approximately 144,000 cases in 2018.
• Medical malpractice cases in New York resulted in $711 million in payouts in 2019, the highest in the nation according to Diederich Healthcare.

Tips for Choosing the Right Personal Injury Lawyer

Working with the right attorney can significantly impact the outcome of your case. Consider the following:

• Experience and Expertise: Look for a personal injury attorney with a verified history of winning cases.
• Reputation: Check reviews, testimonials, and professional ratings.
• Communication: Choose a lawyer who communicates clearly and keeps you informed throughout the process.
• Resources: Ensure the attorney possesses the resources required to manage your case, such as expert witnesses and investigative capabilities.

Understanding personal injury laws in New York is essential for protecting your rights and ensuring you receive fair compensation for your injuries. Whether dealing with a car accident, slip and fall, or medical malpractice, knowing the legal landscape can make a significant difference. If you or a loved one has suffered an injury, speaking with a knowledgeable personal injury attorney can offer the guidance and support necessary to navigate this challenging time.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 
Contact us now for a free legal review.