New York personal injury laws are designed so that injured persons can receive compensation from those whose negligence caused them harm. Although the damage cannot be undone, especially true in cases involving permanent injury or death, people deserve to be reimbursed for their injuries.
In some cases, a civil lawsuit and a criminal cases can be filed for the same accident. In Car Accidents involving an intoxicated driver, for example, the state may prosecute the driver while a civil lawsuit is seeking monetary damages.
Statute of Limitation
There is a three year statute of limitation for personal injury cases in New York. If the deadline is approaching, don’t give up your rights by waiting too long. If you’re not sure what to do, talk to an experienced personal injury attorney to discuss your legal options.
Caps on Personal Injury Awards
There are no caps on the amount of compensation that a victim can be awarded for a personal injury claim. On a practical level, however, most claims are limited to the amount of insurance coverage unless the defendant has the assets to pay an award beyond what the insurance company will cover.
The Serious Injury Threshold
Under New York’s Insurance Law, in order to meet the Serious Injury Threshold for a car accident, one of the following must be proven:
- Permanent loss, limitation or function of a member or organ
- A non-permanent impairment which has prevented the injured person from performing their normal activities
In New York, the state follows a “pure comparative negligence rule.” This means that if the injured person is found to be partially at fault for the accident, their compensation will be reduced. For example, if the award was for $100,000 and the injured person was 30% at fault for the accident, then they would only receive $70,000. For example, shared fault could come into play if a drunk driver ran into a car that was speeding, seriously injuring that driver.
An out-of-state insurance company could be incorrectly interpreting New York law and make a settlement offer that is much too low. An experienced personal injury attorney will be able to handle this situation.
The Law Offices of Elan Wurtzel have been protecting the rights of those injured in Car Accidents for more than 30 years. They will fight for the compensation that you’re entitled to. Call to schedule a free consultation.
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