What is the statute of limitations for personal injury cases in New York?
In New York, you generally have three years from the date of your injury to file a personal injury lawsuit. This statute of limitations applies to most personal injury cases, including car accidents, slip and falls, and medical malpractice claims.
However, there are important exceptions. For wrongful death cases, the time limit is two years. Claims against government entities must be filed within 90 days of the incident. Missing these deadlines typically results in losing your right to compensation forever.
How much does it cost to hire a personal injury lawyer in NYC?
Most personal injury lawyers in New York City work on a contingency fee basis, meaning you pay nothing upfront. The lawyer only gets paid if they win your case, typically taking 33-40% of your settlement or court award.
This arrangement allows injured victims to access quality legal representation without financial barriers. If your case is unsuccessful, you owe no attorney fees, though you may still be responsible for case expenses like filing fees and expert witness costs.
What types of damages can I recover in a New York personal injury case?
New York allows recovery of both economic and non-economic damages in personal injury cases. Economic damages include medical expenses, lost wages, property damage, and future medical costs.
Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability. New York does not cap non-economic damages in most personal injury cases, unlike some other states. The amount depends on the severity of your injuries and their impact on your life.
Is New York a no-fault insurance state for car accidents?
Yes, New York is a no-fault insurance state for car accidents. This means your own insurance company pays for your medical expenses and lost wages regardless of who caused the accident, up to your policy limits.
However, you can still sue the at-fault driver if your injuries meet the "serious injury threshold" defined by New York law. This includes significant disfigurement, bone fractures, permanent limitation of use of a body organ or member, or medical expenses exceeding $50,000.
How long do personal injury cases typically take to resolve in NYC?
Personal injury cases in New York City can take anywhere from several months to several years to resolve. Simple cases with clear liability and minor injuries might settle within 6-12 months.
Complex cases involving severe injuries, disputed liability, or multiple parties often take 2-3 years or longer. Cases that go to trial typically take longer than those that settle out of court. Your lawyer can provide a more specific timeline based on the unique circumstances of your case.
What should I do immediately after a personal injury accident in New York?
First, seek immediate medical attention even if you feel fine, as some injuries may not be immediately apparent. Call 911 if the situation requires emergency response.
Document everything by taking photos of the scene, your injuries, and any property damage. Get contact information from witnesses and exchange information with other parties involved. Report the incident to relevant authorities and your insurance company, but avoid admitting fault or giving detailed statements without legal counsel.
Can I still recover compensation if I was partially at fault for my injury?
Yes, New York follows a "pure comparative negligence" rule, which means you can recover damages even if you were partially at fault for your injury. Your compensation will be reduced by your percentage of fault.
For example, if you were found 30% at fault for a car accident and your damages totaled $100,000, you would receive $70,000. This rule applies even if you were 99% at fault, though your recovery would be minimal in such cases.
What makes a strong personal injury case in New York?
A strong personal injury case requires four key elements: duty of care, breach of that duty, causation, and damages. You must prove the defendant owed you a duty of care and breached that duty through negligence or wrongful conduct.
Strong evidence includes medical records documenting your injuries, witness statements, accident reports, photographs, and expert testimony. The more documentation you have linking the defendant"s actions to your injuries and their impact on your life, the stronger your case becomes.
