Anyone who has experienced a personal injury in New York could be entitled to compensation by filing a New York personal injury claim. There are many kinds of accidents when personal injuries typically take place such as vehicle accidents, slip and falls, motorcycle accidents, truck accidents and many more.
As long as you are able to find the best evidence that proves the other driver or entity was at fault and caused your injury you should be eligible to file a personal injury claim in New York which covers any financial hardship experienced due to the injury.
In New York you should get all the costs of your medical treatment, the cost of repairing your car (if applicable), any loss of wages while you can’t work and an amount calculated to cover pain and suffering which is often more than the value of the medical treatment. However, you may require some New York personal injury help to help to ensure you get the personal injury compensation you are entitled to receive.
How Do I File a Claim in New York?
Before deciding to file a personal injury claim you need to be certain you have enough evidence to back up your claim which proves you didn’t cause the accident. The statute of limitations for personal injury cases in New York varies depending on the type and specific circumstances of your case.
In general, injured parties are given 3 years from the date of the injury to file a claim in New York. You will also have a shorter filing deadline if your case involves a government entity or medical malpractice claim.
Because there are specific circumstances and other factors that need to e considered in a claim, it is important to see an attorney as soon as possible after your accident. This ensures that you do not miss any of New York’s deadlines which ultimately could cause you to lose your right to compensation from the at-fault party.
How Do I Prove Negligence in New York?
Proving negligence in a personal injury claim could depend on the evidence you provide. These are several different types of evidence that can be used to support your personal injury claim such as:
- the police report about the accident;
- reports written by eye witnesses;
- receipts for medical treatment;
- photographs taken off nearby security cameras, if possible;
- photographs taken at the accident scene;
- your doctor’s report with your diagnosis and likely recovery time.
In some personal injury cases, an argument is often presented by the at-fault driver’s insurer that the person who has been injured is either to blame or partly to blame for causing the accident. Because New York is a comparative negligence state in these types of cases, the proportion of fault will be assigned to any parties involved during trial, and the plaintiff’s compensation will be decreased by his or her assigned portion of fault.
What Kind of Compensation Can I Receive in New York
There are 2 types of damages in a personal injury claim which are economic and non-economic damages. Economic damages can be counted in cash terms and is the amount of money the injured person has either lost due to the injury or is having to pay out due to the injury.
Non-economic damages could include:
- physical impairment (such as loss of the use of a limb or organ);
- pain and suffering;
- loss of enjoyment in life;
- emotional distress;
- disfigurement caused by the injury,
Economic damages may include the following:
- property damage,
- medical bills,
- lost wages,
- lost earning capacity.
How Do I Get Personal Injury Help in New York?
What determines the winning of a successful personal injury claim in New York is being absolutely sure that the proof provided proves without a reasonable doubt who or what caused your accident. It is important to get personal injury help in New York and a personal injury attorney who can help win a favorable personal injury claim on your behalf.
The attorney can go through all the evidence and provide all the personal injury help in New York by putting in all the effort needed to get the personal injury compensation you deserve. Get a Free Case Evaluation Today.