Personal Injury FAQs
If you’ve been injured in an accident, you may have questions about your rights and what steps to take next. Below are answers to some common questions about Personal Injury claims in New York. These answers are general information and are not legal advice.
Every situation is different. Generally, a Personal Injury claim may arise when someone is injured because of another person’s or company’s negligence or wrongful conduct. This can include motor vehicle accidents, slip and falls, construction accidents, unsafe property conditions, and other incidents.
An experienced Personal Injury attorney can review what happened, who may be responsible, the nature of your injuries, and other circumstances to determine what legal options may be available.
The deadline depends on the type of case and who may be responsible. In New York, many negligence-based Personal Injury lawsuits generally have a three-year statute of limitations, but some claims have much shorter deadlines. For example, claims involving certain government entities can require a Notice of Claim within 90 days.
Because different deadlines can apply, it is important to speak with an attorney as soon as possible after an injury.
There is no set value for a Personal Injury case. The potential value depends on the specific facts, including the nature and extent of the injuries, medical treatment, lost income, the impact of the injuries on your life, available insurance coverage, and who was responsible for the accident.
A Personal Injury attorney can evaluate the individual circumstances and explain the types of compensation that may be available.
Being partially responsible does not necessarily prevent someone from recovering damages in New York. Under New York’s comparative negligence law, a person’s recovery can generally be reduced according to their share of responsibility for the accident.
Not every Personal Injury claim goes to trial. How a case proceeds depends on the circumstances, including whether the parties can reach a resolution and whether there are disputes regarding liability or damages.
An attorney can explain the process and what to expect based on the specifics of the case.
Your health should come first. Seek appropriate medical attention and, when possible, preserve information related to the accident, including photographs, witness information, reports, medical records, and insurance information.
It can also be important to speak with an attorney promptly, since legal and insurance deadlines may apply. For example, New York’s No-Fault rules generally require written notice of a motor vehicle accident claim within 30 days.
If you need assistance with a Personal Injury matter, we can help connect you with a trusted Personal Injury attorney who can review your situation and explain your legal options. Contact our Queens office today at 718-446-4400, or use our online form to learn more.
