WE SUE NYC: WESUENYC.COM 2022 Route 22, Ste. 105 Brewster, NY 10509
Se Habla español

Aggressive Lawyers for the Seriously Injured

Explaining New York’s Personal Injury Laws

Injured man signing papers after a hand injury
By Michael LoGiudice
Founding Attorney

Navigating personal injury laws in New York can be a complex process, especially when you’re dealing with the aftermath of an accident. Whether you’ve been hurt in a car crash, a slip and fall, or another kind of accident, understanding the laws that apply to your situation is vital. In this blog post, Michael LoGiudice, LLP will walk through some of the most important rules and regulations that govern personal injury cases in New York, giving you a better idea of what to expect if you’re considering filing a claim.

The Basics of Personal Injury Law in New York

Personal injury law covers a wide range of accidents and injuries caused by someone else’s negligence. In New York, personal injury claims often arise from:

To succeed in a personal injury case, the injured party (plaintiff) must prove that the other party (defendant) acted negligently. This involves showing that the defendant owed a duty of care, breached that duty, and caused the injury as a result. Compensation may cover medical bills, lost wages, and other expenses.

Comparative Negligence in New York

New York follows a “comparative negligence” rule, which means that even if you are partially at fault for your injury, you can still recover damages. However, your compensation will be reduced based on your percentage of fault.

For example, if you are awarded $100,000 in a case but are found to be 20% at fault, your compensation would be reduced to $80,000. This rule allows more flexibility in personal injury cases, but it also makes understanding how fault is determined essential.

Statute of Limitations for Personal Injury Claims

The statute of limitations sets a time limit for filing a personal injury lawsuit. In New York, the statute of limitations varies based on the type of case:

  • General personal injury claims: three years from the date of the injury
  • Medical malpractice cases: two years and six months from the date of the malpractice
  • Wrongful death claims: two years from the date of death

Filing after the statute of limitations has passed typically results in losing the right to pursue compensation. It’s always a good idea to file as soon as possible to avoid complications.

No-Fault Insurance for Car Accidents

New York is a no-fault insurance state for car accidents, meaning that your insurance company will pay for medical expenses and lost wages regardless of who caused the accident. This system is designed to streamline the process and ensure that you get the compensation you need quickly.

No-fault insurance generally covers:

  • Medical expenses
  • Lost earnings (up to a certain amount)
  • Necessary services (like housekeeping, if you’re unable to perform them due to injury)

However, if your injuries meet a “serious injury” threshold, you may be able to file a personal injury lawsuit. This threshold includes injuries like broken bones, significant disfigurement, or a disability that lasts 90 days or more.

Strict Liability for Dog Bites

In New York, dog owners can be held strictly liable for injuries caused by their pets if they knew the dog had dangerous tendencies. This means that if a dog has previously bitten someone or displayed aggressive behavior, the owner may be responsible for any future bites or attacks. However, if the dog has no history of aggression, the injured person may need to prove that the owner acted negligently in controlling the dog. 

Premises Liability Laws

New York’s premises liability laws require property owners to maintain reasonably safe conditions to prevent accidents. When someone is injured on another person’s property, the property owner may be held liable if they fail to address dangerous conditions.

Common types of premises liability claims include:

  • Slip and fall accidents
  • Falling objects
  • Unsafe stairways or railings

The duty of care varies depending on the type of visitor:

  • Invitees (e.g., customers in a store): The property owner must take reasonable steps to maintain safety.
  • Licensees (e.g., social guests): The owner must warn of known hazards.
  • Trespassers: Property owners generally don’t owe a duty of care, except in specific situations.

Steps to Take After a Personal Injury Accident in New York

If you’ve been injured in an accident, there are a few important steps you should take to protect your rights:

  • Seek medical attention immediately to document your injuries.
  • Report the accident to any relevant parties (e.g., property owners, employers, or police).
  • Gather evidence, such as photographs, witness contact information, and medical records.
  • Contact a personal injury attorney to discuss your legal options and ensure your claim is filed within the statute of limitations.

Why Understanding New York’s Personal Injury Laws Is Essential for Your Case

New York’s personal injury laws are designed to help those who have been hurt seek compensation for their losses. However, the legal process can be complex, and navigating the rules on your own can be challenging. If you’ve been injured in an accident, understanding the regulations discussed here is a great first step. To ensure you get the full compensation you deserve, speak with our experienced New York personal injury lawyers, who can help guide you through the process and protect your rights. Call today and get the representation you deserve.

About the Author
Michael LoGiudice handles all personal injury and medical malpractice claims. He is a graduate of Brooklyn Law School (1997) and has many verdicts and settlements totaling in the tens of millions of dollars.
Website developed in accordance with Web Content Accessibility Guidelines 2.0.
If you encounter any issues while using this site, please contact us: 845.278.5858