Personal injury can be any case that involves negligence that results in unintentional harm to a person. It may be car accidents, construction mishaps, slip and falls, or medical malpractice. New York law allows victims to get compensation for their injuries and dictates specific issues related to claims. These include:
- Liability Assignment
- Eligibility for Personal Injury Claims for Car Accidents
- Statute of Limitations
Suppose you sustain severe injuries in a negligent accident in the Bronx. In that case, you should have some basic information about filing claims. Below are some quick facts about personal injury claims.
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Personal injury cases are seldom cut-and-dried. The lawyers at Bergman, Bergman, Fields & Lamonsoff (BBFL) can attest to the complexity of most of them, especially when it comes to assigning liability.
In most cases, the victim in a personal injury case might bear some blame for the incident. For example, if you jaywalk and get hurt in a pedestrian accident, you may be partly at fault.
Fortunately, New York uses comparative fault rules to assign liability. You might still get compensation even if you are 99% responsible for the accident. The downside is you will receive a reduced payment for the part you played. For example, if the court awards damages of $50,000 but you are 25% at fault, you only get $37,500.
Your choice of representation can significantly affect the compensation you receive. In a pure comparative fault state, defense attorneys and insurance companies allege comparative fault to reduce payouts. You need experienced BBFL injury attorney’s based in the Bronx to counter these tactics. The goal is to minimize your liability and maximize your compensation.
Eligibility for Personal Injury Claims for Car Accidents
New York is a no-fault insurance state. This means you can get compensation for car accident injuries from your insurance company regardless of fault. The state requires insurance companies to provide personal insurance protection (PIP) for the driver and all passengers. The maximum payout is $50,000 per person.
While $50,000 might seem like a lot of money, that will quickly run out if you sustain serious injuries. You might be able to sue for additional compensation if you meet the definition of a “serious injury” as laid out in Insurance (ISC) Chapter 28, Article 51 §5102(d). These include:
- loss of a fetus
- injury or impairment preventing the performance of usual and customary daily activities of not less than 90 days within 180 days following the accident
- permanent limitation of use of a body organ or member
- permanent disability in the use of an organ, system, function, or member
- significant disfigurement
- significant restriction of the use of a body function or system
Determining if your injury makes you eligible for a personal injury claim might not be easy. Have an experienced personal injury lawyer in New York review your case to be on the safe side.
Statute of Limitations
The statute of limitations establishes the period wherein you can file a personal injury claim. You can lose your right to file a lawsuit if you let the statute of limitations run out.
The statute of limitations for personal injury in New York is three years, with some exceptions. For example, you need to file a medical malpractice claim within 2.5 years. The countdown starts from the end of the treatment, procedure, or incident that gave rise to the injury. For wrongful claims, you must file within two years.
Find the Best Personal Injury Lawyer in the Bronx
The consequences of an accident can be highly stressful. The physical and emotional toll is significant, not to mention the financial costs. The last thing you need is to contend with insurance companies and their lawyers intent on reducing their liabilities.
Give yourself time to recover. Let the professionals handle your personal injury claims before the statute of limitations runs out. Consult with an experienced personal injury lawyer in the Bronx as soon as possible.