New York Personal Injury Law Overview

Personal injury law is a broad area of law that includes cases that result in injury or death due to someone else's negligence. Some of the most common New York personal injury cases are workplace accidents, medical malpractice, vehicle accidents and defective products.

Statute of limitations

All fifty states have time limits, called statute of limitations, for personal injury claims to be filed. In New York, the statute of limitations for most personal injury cases is three years. Certain types of personal injury cases allow for a shorter time. An experienced New York personal injury attorney can advise you of the time limits for your individual case.

Negligence

In order to prove fault in a personal injury case in New York, you must be able to prove negligence. New York law follows the doctrine of "pure comparative negligence," which means that you can receive compensation from other responsible parties ever if you were as much as 99% responsible for your injuries.

Damages

New York does not place limits on non-economic or punitive damages. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.

Punitive damages are meant to punish the defendant for their wrongdoing. You must prove malice or inferred malice in a separate trial to receive punitive damages. The amount of punitive damages will depend on the value of the defendant's assets. Since punitive damages are not compensation for your losses, the state of New York takes 20% of the punitive damages that are awarded to you.

Liability

New York law follows the doctrine of "joint and several liability," which means that when multiple parties are responsible for your injuries, they must all pay their share. A defendant who is more than 50% to blame for your injuries will be held liable for the entire amount of the damages. Any defendant who is less than 50% responsible is held liable for the portion of non-economic damages equal to their portion of the blame.

If you live in New York and feel you may have a personal injury claim on your hands, please contact an experienced New York attorney in your area today.