“Tort Law” is a term also used when referring to personal injury law. It includes any damage done to a person by another party’s negligence, whether that is physical, mental or emotional.
If you’ve suffered injury at the hand of another in New York State, it’s in your best interest to seek out a personal injury attorney nyc. An attorney based in New York will have a better grasp on the laws of personal injury and be better equipped to handle any specific issues that may arise from filing a personal injury case in New York City or anywhere in the state.
In the case of a personal injury, the state of New York has established laws to protect its citizens. Medical bills, funeral costs, pain and suffering, lost earnings, and other compensation are all recoverable under these statutes. Victims may be entitled to compensation depending on the actions of other persons or organizations involved.
Basic Types of Personal Injury Claims in New York
The following types of events are covered under personal injury law in New York. Accident injuries may range from mild to severe, resulting in lifelong disability and, in rare cases, death. Accident victims in New York have three years from the date of the accident to bring a personal injury lawsuit. Family members have two years to make a claim after a death caused by an injury accident.
Workplace Accidents – Under New York law, your employer’s Worker’s Comp insurance covers medical treatment and replacement earnings for workers who are injured or ill as a consequence of their employment.
Premises Liability Accidents – If you are injured on someone else’s property as a result of their carelessness, you may be able to collect damages by filing a premises liability accident case.
Products Liability Accidents – If a consumer product injures you while being used as directed, you may be able to collect damages by filing a products liability accident case.
Vehicle collisions are the leading cause of bodily injury in New York. Injuries vary in intensity depending on the severity of the accident, although they are often severe.
In each kind of accident, the rules governing how a lawsuit may be brought forth will differ. If you are injured in any kind of accident, experienced attorneys can provide advice and explain your options.
New York is a “No-Fault” State
In “No-Fault” states car insurance companies must pay the expenses, up to the amount of one’s policy, for any accident their customers are involved in, regardless of who is at fault. New York is one of these states. This includes medical expenses, some economic losses and property damage.
When both parties in an accident share blame, New York adopts a “pure comparative fault” rule. This implies that the court may decrease any damages awarded to the claimant based on their proportion of fault in the car accident. For instance, if you were awarded $100,000 due to a car accident, but were going slightly over the speed limit, the court decides that you are 20% liable. Under this “pure comparative fault” rule, your award is decreased by 20% to $80,000.
Threshold for Serious Injuries in New York
Under New York law, individuals who have suffered a severe injury can file a lawsuit directly against the other motorist or liable party outside of the usual channels of insurance. If an accident victim has qualifying injuries, they may be entitled to seek compensation for losses not covered by no-fault insurance, such as pain and suffering.