New York City, or NYC as it’s also called, had 110,834 car collisions in 2020. In 2019, there were around 18,510 bicycle accidents, with 16 of them being fatal. The city also has a high reporting average of slip and fall accidents. These are just a few examples of injury cases that occur. Product liabilities, pedestrian incidents, spinal cord injuries, and wrongful deaths are other cases that fall in this category. You must have the support of a New York City personal injury lawyer with you in case of an accident or injury. They will ensure you receive fair compensation and the full benefits of the law. But there are some laws and regulations surrounding claims in NYC that you should know. What are those?
Statute of limitations in New York City
New York State has a statute of limitations of three years within which your attorney should file a lawsuit. It is mentioned in Civil Practice Law & Rules (CVP), Chapter 8, Article 2. However, various deadlines depend on the nature of the specific case. If you fail to file a lawsuit within the specified timeframe, you forfeit your rights to claim compensation or monetary recovery. Your attorney will give you more information regarding this rule while ensuring that the timeline is strictly observed.
No-fault Insurance State
The USA has twelve no-fault states; Utah, Florida, Michigan, New Jersey, Kentucky, New York, Hawaii, Pennsylvania, Massachusetts, North Dakota, Minnesota, and Puerto Rico. The concept is different from those states with an at-fault policy. Under an at-fault policy, the other party, or the driver, will be responsible for covering all damages financially. It will include medical and property damages too. Their car insurance company will provide monetary compensation. However, since New York is a no-fault state, you will be required to contact your own insurance company for making a claim, irrespective of who was responsible for the accident. If you were the passenger at the time of the accident, the car driver would compensate you with their no-fault insurance policy. This law is mainly applied in vehicles or any other type of automobile-related cases. Any negotiations with your insurance company should be held only by your attorney. They will know how to deal with the insurers and the other nitty-gritty details regarding the claims.
Pure Comparative Fault
There is also something called a pure comparative fault policy in New York State and New York City. In a few cases, the other party could argue that you were partly responsible for the accident if they can prove that—the greater your responsibility, the lesser the amount awarded to you as part of your claim. Your lawyer will help you maximize your settlement amount by contesting the responsibility claims made by the other party.
New York is a mixed state, as opposed to the one-bite state. In states with the one-bite law, the dog owner is protected from liability for the first bite by the dog. New York, however, combines this rule with a certain degree of liability. If the owner of a dog has past cases in which the law has termed it dangerous, they will be responsible for the medical and veterinary costs of the injured person. If the dog causes other injuries, the law will require the injured person to prove that it was dangerous and its owner had prior knowledge of it. In both these cases, it is advisable to call your lawyer immediately and inform them of your injuries along with other information. They will talk to your doctor to determine the level of damage and the best way to prove liability on the owner’s part.
These are some unique laws related to personal injuries in New York City. Even though you will require the services of a New York City personal injury lawyer to handle the intricacies of your case, it is good to know about the law of the city. They will assist you with the settlement process and ensure you get the best outcome.
Likewise, consider reading the following related posts:
- When Should You Contact A Personal Injury Lawyer?
- How to Find the Right Personal Injury Lawyer
- 4 Important Questions to Ask Before Working with a Personal Injury Lawyer
- 12 Questions You Need To Ask Before Hiring An Injury Lawyer &
- How a Lien Can Affect Your Personal Injury Settlement