The guidelines for filing a personal injury claim are outlined in the state statutes for your area of residence. These rules determine everything from the length of time in which you are allowed to file a claim to the cap imposed on the value of damages you could receive based on the type of case you file. If you were injured due to the fault of another, you should contact Zaloba Edward to speak to a Personal Injury Attorney today.
New York State Injury Laws
The first law you should become familiar with as a victim is the statute of limitations. In New York, you have three years to file a lawsuit for a personal injury case. This begins on the day of the accident or occurrence in which you sustained injuries. A catch 22 with personal injury laws is that if you sustained injuries due to a criminal infraction you cannot wait until the trial date in criminal court, if it may exceed the statute of limitations. Any claim filed on or after the third anniversary of date you were injured results in a forfeiture of your rights to any compensation.
What is Shared Fault?
Shared fault is a ruling utilized by the defense to show that the victim played a role in the events that lead up to their own injuries. For example, a driver who is at fault for your injuries could claim that you were speeding at the time of the accident. If you were intoxicated when you were admitted into the hospital this information is also available to the defense.
In a medical-malpractice lawsuit, if the doctor can prove that your failure to follow pre-surgical instructions could result in a ruling of shared fault. The same is true if you were a dog attack victim, and the owner can prove that you provoked the animal or were illegally within their property lines at the time. With shared fault, if the defense can prove that you were more than fifty percent at fault.
Personal injury laws are in place to protect the victims as well as those wrongfully accused of negligence. It’s to your advantage to discuss these concepts with your Personal Injury Attorney as early as possible to maintain clear details of the accident that caused your injuries. To file a claim, you can visit the website now.
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