FAQs Regarding Personal Injury Cases

A personal injury case arises when someone is harmed due to another party’s negligent, reckless, or intentional conduct. The purpose of these cases is to provide compensation for the losses suffered as a result of the injury. In New York, personal injury claims commonly involve motor vehicle accidents, medical malpractice, premises liability, workplace incidents, or defective products. It is important to note that not every accident automatically provides grounds for a lawsuit. The critical issue is whether the harm was caused by a legal wrong for which the law allows recovery.

Most personal injury lawsuits are based on negligence. To establish liability, the injured party must show four elements: duty, breach, causation, and damages. Duty means the defendant had a legal obligation to act with reasonable care under the circumstances. A breach occurs when the defendant fails to meet that standard of care, such as by ignoring traffic signals or failing to maintain safe premises. Causation requires proof that the breach directly resulted in the plaintiff’s injuries. Finally, damages must be shown, which can include both economic losses like medical expenses and lost income, and non-economic losses such as pain and suffering.

In New York, people injured by another’s negligence may recover a variety of damages. Economic damages include the cost of hospital stays, surgical procedures, prescription medications, and rehabilitation. They also cover lost wages and diminished earning capacity if the injuries affect the victim’s ability to work. Non-economic damages are designed to compensate for the pain and suffering, mental anguish, and loss of enjoyment of life that often accompany serious injuries. In rare cases where the defendant’s conduct is especially reckless or malicious, punitive damages may also be awarded. The amount of compensation depends on the facts of the case and the severity of the injuries.

Under New York law, most personal injury lawsuits must be filed within three years of the date of the accident. This deadline, known as the statute of limitations, is strictly enforced, and failing to file within this time period generally results in losing the right to recover damages. Some cases, such as medical malpractice claims, wrongful death suits, or claims against municipalities, are subject to shorter deadlines and additional procedural requirements. It is therefore crucial to consult an attorney as soon as possible to ensure that your rights are preserved.

One of the most common issues raised in personal injury cases is whether a victim can still recover damages if they were partially at fault for the accident. Under New York’s comparative negligence law, the answer is yes. This doctrine allows an injured party to recover compensation even if they were partly responsible for causing the accident, but the amount of compensation is reduced in proportion to their percentage of fault. For example, if a jury finds that a plaintiff suffered $100,000 in damages but was 30 percent responsible for the accident, the plaintiff can still recover $70,000. Unlike some states that bar recovery once the plaintiff is more than 50 percent at fault, New York law permits recovery regardless of the plaintiff’s share of fault, so long as the defendant also bears responsibility.