Canadian Liver Pate Recalled in US
February 26, 2014 - Approximately 1,282 pounds of Canadian liver pate has been recalled by Sun Hing Foods, Inc in San Francisco due to the product entering the US without a full USDA inspection. (more)
3.8 Million Car Seats Recalled
February 11, 2014 – In response to a warning issued by the National Highway Traffic Safety Administration, Graco Children's Products is recalling some 3.8 million car seats because of faulty buckles. (more)
Ball-use Banned at Long Island Middle School
October 8, 2013 - In an effort to curb injuries caused during recess, Weber Middle School in Port Washington, Long Island has taken the drastic step of banning footballs, baseballs, lacrosse balls and even games of tag. (more)
New York Personal Injury Laws and Lawyers
If you have been injured by another person, your time may be limited. Contact a lawyer immediately to learn how much your case is worth. An experienced New York personal injury attorney can help you maximize the compensation you receive for your injuries and make sure you don't miss your deadline to file a claim.
This guide to New York personal injury laws will discuss important factors you need to consider if you or a loved one has been harmed. For more information, speak with a New York personal injury attorney from our network of experienced lawyers.*
After You Are Injured
- Take care of your injuries immediately
- Contact a lawyer
- Document all injuries and any damage to property (get copies of accident reports, take pictures, keep receipts and invoices, keep notes of new symptoms, document time off from work, etc.)
- Get information from witnesses (phone numbers, addresses, statements, etc.)
- Open a claim with the other person's insurance company
- Do not give any statements to anyone other than the police before speaking with a lawyer
- Do not sign any releases of liability or potential claims before speaking with a lawyer
Statute of Limitations
You have a limited amount of time to file your personal injury claim in New York. The statute of limitations dictates how long you have to file the claim with the court after you are injured. In some cases, the statute of limitations starts when the person becomes aware of the injury or should have become aware of the injury (the Discovery Rule). New York statute of limitations laws may differ from those of other states.
|New York Statute of Limitations Laws|
|Type of Claim:||Statute of Limitation:|
|Negligence (car accidents, slip and fall, toxic torts, etc.)||3 years|
|Assault or Battery||1 year|
|Strict Liability||3 years|
|Products Liability||3 years|
|Wrongful Death||2 years|
Types of Claims: Who Is Liable?
The person or company who was negligent is liable. However, New York uses a legal doctrine called pure comparative negligence to assign fault. Thus, if the injured party was also negligent, the original negligent party is only liable for the percentage of damages he or she caused. For example, if you are in a car accident where the person who hit you ran a red light while you were speeding, the jury can find that running the red light was 80 percent negligent while your speeding was 20 percent negligent. You will only be rewarded 80 percent of your total damages.
Assault or Battery (Intentional Torts)
The person who deliberately caused the injury is liable.
The speaker or writer of the negative statement and anyone who repeats that statement is liable.
The person or company engaging in the dangerous activity or who has, in some way, helped to put the product on the market (see below) is liable. In strict liability cases involving damage caused by an animal, the person or company responsible for the animal is liable.
Anyone who has had a role in putting the product on the market could be liable. Frequently, though not always, this person or company must be someone involved in the sale of the product in the regular course of business.
Whoever would be liable for the activity that caused the death is liable.
Damages You May Receive
- Reimbursement for medical treatment and lost wages
- Reimbursement for damage to or loss of use of property that occurred as a result of the injury
- Loss of consortium (loss of services of your spouse: income, companionship, child care, etc.)
- Money for emotional distress and/or pain and suffering
- Injury to reputation
- Punitive damages (money given as punishment)
Limitations on Damages
Generally, there are no limitations on damages you receive that compensate you for your injuries (such as reimbursement for medical expenses and lost wages), although some limitations do exist in certain situations. However, your estimation of damages must be reasonably certain, especially for those damages projected for the future, such as future medical expenses or future lost wages.
Your non-economic damages, or those damages that are not based on money you actually paid, are more subjective and may be limited by statute or by circumstances of your situation. These damages may include pain and suffering and the loss of the services and companionship of your spouse.
Punitive damages may be awarded when the behavior of the person that injured the victim was fraudulent, malicious, or in willful disregard of the potential of harm to another. In New York, punitive damages must not be unconstitutionally high; typically the upper limit is nine times compensatory damages unless extreme circumstances exist. There may be some exceptions to this limit.
Special New York Insurance Provision
For car accidents, New York has a special system called no-fault insurance that requires the owners of all registered vehicles to carry car insurance that compensates them for injuries they sustain in a car accident, regardless of whether or not they are at fault. Under this system, drivers involved in accidents are reimbursed for their injuries by their own insurance companies. However, you may still receive compensation from the party at fault for any monetary losses your insurance company does not cover. For non-monetary damages, you may receive compensation for damages if you have an injury serious enough to permit a tort (personal injury lawsuit).
*State and federal laws in the United States are constantly changing. This guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.