1. Is there a time limit to bring a lawsuit in New York?
For personal injury actions, the statute of limitations is three years from the date of accident/injury. For cases involving the City of New York, New York City Transit Authority or other municipalities, a Notice of Claim must be filed within 90 days of the accident and a lawsuit filed within 1 year and 90 days. For wrongful death, the time limit is 2 years from the date of death. For medical malpractice, the time limit is 2 years and 6 months from the date of the malpractice. Of course you should consult with an attorney as there are other time limits and sometimes certain tolls which extend the statute of limitations.
2. What damages can I obtain for my injury?
The most common element of damages is compensation for conscious pain and suffering including past and future. Additional elements of damages include medical bills, property damage such as that to an automobile in a car accident, lost earnings which are economic damages, and emotional trauma.
3. What will I have to prove to win my case?
At trial, you and your lawyer will need to show two things:
Liability – who is at fault? The jury will assign a percentage of fault to each party. For example if two cars collide and each driver says the other ran a red light the jury can believe one side and say driver was 1 was 0% at fault and driver 2 100% or they can split it 50-50 or any other degree of fault.
Damages – injuries or losses that were caused by the accident. These include showing a medical diagnosis of injury, a prognosis of how the injury will affect you in the future, and other types of damages such as loss of earnings/wages or future medical expenses and care.
4. How do I know if I have a good case?
If you suffered an injury to your person which was because of someone else's fault or negligence, you will usually have a case. However, there are many factors that need to be considered. That is why contacting an attorney and describing what happened is the best way to find out. We offer a free consultation at (866) ATTY - LAW.
Contact New York Personal Injury Lawyer
Our Law Firm is Located at following addresses:
30 Broad Street, 14th Floor,
New York, New York 10004
Phone : (212) 766-5656
60 Bay 26th Street,
Brooklyn, New York - 11214
Phone : (718) 331-7700
653 East 189th Street, Bronx,
New York 10458
Phone : (888) 9 LAW BRONX
(718) 529 - 2766
(718) 733 - 9300
78-30 Metropolitan Ave,
Middle Village, NY 11379
