Personal injury law covers a wide range of situations where one party sustains injury due to another person’s action or negligence. From auto accidents and medical malpractice to defective products, personal injury law allows victims to seek compensation for the harm sustained.
You can file a personal injury claim when you’re hit — as a pedestrian, driver, or passenger — by a car in New York. However, the New York statute governs many things, including when a personal injury claim against a driver is considered valid.
When is a personal injury claim against a driver valid in New York?
New York’s no-fault insurance law determines whether a car accident victim can sue the other party for damages or not. In most instances, the victim files a personal injury claim against their Personal Injury Protection (PIP) coverage. As a no-fault insurance coverage, PIP pays for your medical bills regardless of who’s at fault in the accident. PIP may also include your lost wages due to your injuries.
However, you may sue a driver for personal injury if your injuries meet or exceed the “serious injury” threshold set by the NY statute.
What is classified as a serious injury under New York law?
A serious injury includes but is not limited to
- Dismemberment
- Fracture
- Loss of pregnancy
- Disfigurement
- Loss of limb
- Any injury that renders you incapacitated for at least 90 days of the 180 days after the auto accident
- Death
Whether or not your situation falls among these listed, you’d need to prove your case before the law, specifying how your injuries are the result of the wrongful actions of the driver.
Getting legal representation from an experienced professional like the renowned personal injury lawyer, Michael S. Lamonsoff, becomes important in proving your case and obtaining the maximum compensation due to you. Your lawyer can help assess your situation, determine if it meets or exceeds the threshold, and represent you in court.
How does comparative fault affect your damages?
New York is a comparative fault state. In simple terms, how much damages (the amount of money you’re awarded as compensation) you obtain will be affected by your degree of fault in your injuries. For example, the defendant can claim that you were partially at fault for the accident because you were looking at your phone while crossing the road. They may also allege you ignored warning signs.
Having a renowned personal injury lawyer by your side will help ensure you get as much compensation as is just under New York law.
When can you file a personal injury claim?
The New York Statute of Limitations specifies that you file an injury law case within three years from the accident date.
There are exceptions to this rule for medical malpractice and wrongful death.
So if there is death after the auto accident, seeing a lawyer as early as possible will be critical to your winning the case.
Final words
Knowing the specifics and dynamics of the law, it’s most times about what you can prove and how you prove it before the law. If you or your loved one has sustained serious injury from a car accident, ensure you speak with an experienced and renowned personal injury lawyer quickly.
