If you have been injured in an accident in New York, understanding your legal rights is the first step toward securing the compensation you deserve. Personal injury law in New York provides a framework for holding negligent parties accountable and helping accident victims recover damages for their injuries.
What Is a Personal Injury Claim?
A personal injury claim arises when a person suffers harm due to the negligence, recklessness, or intentional conduct of another party. In New York, common personal injury cases include motor vehicle accidents, slip and fall incidents, construction accidents, medical malpractice, and product liability.
The Statute of Limitations
One of the most critical aspects of any personal injury claim is the statute of limitations — the deadline by which you must file your lawsuit. In New York, the general statute of limitations for personal injury is three years from the date of the accident. However, there are important exceptions:
- Claims against government entities require a notice of claim to be filed within 90 days, with a lawsuit filed within one year and 90 days.
- Medical malpractice claims must be filed within two years and six months from the date of the alleged malpractice.
- Wrongful death claims must be filed within two years from the date of death.
Missing these deadlines can permanently bar your claim, which is why consulting an attorney promptly after an accident is so important.
Types of Compensation Available
New York personal injury law allows victims to seek compensation for a range of damages, including:
- Medical expenses — past, present, and future costs of treatment related to the injury
- Lost wages — income lost due to the inability to work during recovery
- Loss of earning capacity — reduced ability to earn income in the future
- Pain and suffering — physical pain and emotional distress resulting from the injury
- Loss of enjoyment of life — diminished ability to enjoy activities you previously engaged in
New York’s Comparative Negligence Rule
New York follows a pure comparative negligence standard, meaning you can still recover damages even if you were partially at fault for the accident. However, your recovery will be reduced by your percentage of fault. For example, if you are found to be 20% at fault and your damages total $100,000, you would recover $80,000.
What to Do After an Accident
- Seek medical attention immediately, even if you do not feel seriously injured
- Report the accident to the appropriate authority (police, property owner, employer)
- Document everything — take photos, collect witness information, keep medical records
- Do not give recorded statements to insurance companies without consulting an attorney
- Contact a personal injury attorney as soon as possible to protect your rights
How Yazdi Law Can Help
At Yazdi Law, PLLC, our personal injury attorneys are committed to fighting for the full and fair compensation our clients deserve. We handle cases on a contingency fee basis, meaning you pay nothing unless we recover for you. Contact us today for a free consultation to discuss your case.
