New York Personal Injury Law
Personal injury law deals with situations where an individual suffers physical or emotional damage due to someone else's negligence. Compensation is awarded to cover medical expenses, lost income, and pain and discomfort.
Each state has laws that outline the procedure for filing an injury claim as well as time limits which are also known as statutes of limitation, as well as specifics for specific kinds of injuries, such as medical malpractice or car accidents.
Statute of Limitations
When you are injured by the negligence of someone else then the law provides you with the time to file a lawsuit in the court. This is known as the statute of limitation, and it can affect your ability receive compensation for your injury.
Statutes of limitations are set by state laws and serve to encourage timeliness in pursuing legal action. If you file a claim before the statute's expiration date the claim will be dismissed by the court.
The statute of limitations is different according to the state, type of injury and the party you are seeking to sue. A claim against a municipal entity has a different limitation period as compared to claims against a private business. In some cases the statute of limitation may be extended or "tolled" in the event that certain events occur or if facts are discovered.
If, for instance, the defendant quits the state two years after the accident the statute of limitations will be extended by two years. These exceptions aren't easy to prove in court. It is crucial to have an experienced New York personal injury attorney on your side, who is aware of how the statutes of limitations apply to your case. It's important to keep the statute of limitations in mind not only to ensure you're in a strong negotiation position with the defendant, but also to ensure that you have options in the event that negotiations fail.
Damages
New York law allows people who suffer injuries due to another person's intentional or negligent actions to receive compensation, known as damages. This includes both financial losses, like medical expenses and lost earnings, as well as non-financial losses like pain and suffering. It is important to choose a personal injury lawyer that is experienced to receive the highest amount.
Compensatory damages are meant to make an injured plaintiff whole after an accident. They can be classified in two broad categories, general and special damages. Special damages cover the cost of medical treatments that have already been incurred as well as compensation for the expected future expenses of medical care. General damages can be difficult to quantify and can include the loss of hobbies, family time, and activities.
There are many different parties who could be held accountable for your injuries, depending on the type of case you have. For instance, if you were injured as a result of medical malpractice, then the doctor might be held liable for your damages, but the hospital or healthcare provider may also be liable. Rosenberg & Gluck, L.L.P. Our firm thoroughly investigates all cases to determine the potential responsible parties on behalf of our clients. We can also help you get the necessary documentation to prove your losses.
Discovery
Discovery begins after the formal legal petition and answer are filed. This pre-trial phase allows both parties to exchange and request information and evidence pertinent to the matter. Examples include medical records, documents and physical evidence.
In this procedure, a personal injury lawyer may use various legal tools, like interrogatories and requests for admissions. Depositions are when a person is required to testify under oath in court and are used to gather oral testimony about facts in the lawsuit, like the circumstances of the accident and the extent and nature of your injuries.
During the discovery phase during the discovery process, your attorney can request that the defendant produce any evidence that they have that proves that you were responsible for or contributed to your injuries. This affirmative defense could be used to limit the amount of damages you will receive in a lawsuit if your attorney can prove that at least one percent of the blame lies with you.
The process of discovery can be long and complicated, and it's important to have a legal team on your side that knows how to fight for your rights in every step. A seasoned personal injury lawyer will know how to maximize your chances of getting the compensation you are entitled to. If the defendant refuses to cooperate with your valid requests for discovery, you can start an action under section 26(i), and make a motion to force them to cooperate.
Trial
In certain personal injury cases, the parties are unable to reach a settlement outside of court. In this situation, we will file a "note detailing the readiness and issue" which basically informs the judge that your case is prepared to be tried. The judge will then determine an date for the trial. During personal injury lawyer attorney , the factfinder (judge) will hear both parties present evidence that includes witness testimony, expert testimony, accident reports and photographs. They will then decide if the defendant was responsible for your injuries and in what degree it was, and also what amount of compensation the plaintiff is entitled to.
In this phase the defendant will be given the chance to challenge some of the most important evidence presented by the plaintiff. They will also provide affirmative defenses. After both sides have rest, they will present their closing arguments before jurors.
The majority of trials last between two and three days. This can vary depending on the number of witnesses required. It is crucial to employ an experienced lawyer in an injury case. They can prepare your case and argue persuasively for you.