Personal injury litigation is subject to different regulations in every state. To bring a case in New York it is very important that you consult an experienced New York personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in New York can arise from negligence or intentional wrongdoing.
In New York you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
In New York personal injury lawsuits you can still recover damages even if your own negligence contributed to the injury. New York follows the doctrine of pure comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. Even if the plaintiffs negligence was 90% responsible for an accident, a defendant can still be required to pay 10% of the damages.
New York personal injury law follows a hybrid doctrine of joint and several liability when determining liability between multiple defendants. Any defendant who bears more than 50% of the blame is held liable for the whole amount of the damages. A defendant who is who is less than 50% at fault is only liable for the share of the non economic damages equal to their proportion of their blame.
New York does not limit the value of non-economic damages. Non-economic damages include pain and suffering, loss of quality of life, loss of companionship, emotional distress and humiliation.
New York does not limit the value of punitive damages. Punitive damages are awarded to punish the defendant's wrongdoing. In New York 20% of punitive damages are paid to the state.
In New York you have three years to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in New York you need the counsel of a personal injury attorney who understands the nuances of New York law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.