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New York Personal Injury LawThe following summary of New York personal injury laws and theories of liability will help you understand important aspects of injury claims in this state.New York Statute of Limitations:Personal Injury: 3 years.Medical Malpractice: 30 months unless it is due to a foreign object in which case it is 1 year from discovery of the object. Product Liability: 3 year. Caps on Personal Injury Awards in New York:There is no personal injury cap in the State of New York therefore a party may be awarded any amount of compensation in the course of a claim, limited only by the insurance limits in place.New York Serious Injury Threshold:According to New York State Insurance Law, the Serious Injury Threshold for auto accidents is met if one of the following can be proven:
New York is a No-Fault state and follows the pure comparative negligence theory. Personal Injury Claims & Theories of Liability in New York:Wrongful Death Case: When a party dies as a result of the negligence of another party, the negligent party may be liable for wrongful death of the victim. This may stem from general negligence, premises liability, an auto accident or medical malpractice.Slip and Fall Accidents: If a property owner is negligent by failing to correct a hazardous condition that they knew about (or should have reasonably discovered with minimal inspection) and a personal injury occurs on the property, the property owner may be liable for the injury under a general negligence theory called premises liability. This is subject to the injury threshold limitations in New York, therefore the injury will need to be significant before a party can bring a claim. Medical Malpractice Cases: A doctor or other health care professional must provide an accepted standard of care. This is defined as that level of care, skill and treatment which is recognized as appropriate by prudent similar healthcare providers under similar circumstances (the judge is permitted to provide this definition to the jury in a trial). Auto Accident Claims: All drivers owe everyone else on the road (both drivers and pedestrians) a duty to drive in a careful manner. When, however a driver breaches this duty and injuries occur, the negligent driver will be liable. Since New York follows pure comparative negligence, a party can be up to 99% at fault. Product Liability Lawsuit: Products must perform in the way in which they were designed. Consumers are not expected to inspect items before purchase or use, nor are they expected to assume the risk that a product may be dangerous. For this reason, the law has imposed strict liability on manufacturers and distributors of faulty products making it virtually unnecessary for an injured party to prove that the product was defective. Workers' Compensation Law: New York is a compulsory state. This means that employers are compelled to carry workers compensation insurance. If an employee is injured in the scope of his employment, this insurance will compensate the injured worker for his direct medical expenses as well as a settlement for any disability. For More Information Check out these sites: New York State Government New York State Department of Insurance Return from New York Personal Injury Law to all Personal Injury Laws Return from New York Personal Injury Law to Personal Injury Claims How Much Is Your Case Worth? Find out NOW! Complete this form for a FREE case review by an experienced attorney... The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter. Click below to read our full User Agreement, Disclaimer and Copyright Information.
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