Personal injury law is a comprehensive legal term that refers to any injury to the to the body. It is however not limited to physical ...
Personal injury law is a comprehensive legal term that refers to any injury to the to the body. It is however not limited to physical bodily injuries and can include different forms of minor car accidents, real estate damage and contract breaches. The statutes of the New York State personal injury are not simple and it is not enough to have facts as trying to prove culpability can be a tedious legal process.
If you have suffered personal injury in Syracuse, Buffalo, or New York City, you can learn here about the laws guiding your case and how to find a capable attorney.
New York Statute of Limitations
A statute of limitations defines the time frame a plaintiff has to take legal action against a defendant, after the occurrence of an injury. A lawsuit cannot be pursued once the statute comes to an end. The civil statute of limitations for New York include the following:
Ø Two years for wrongful death.
Ø Three years for personal injury.
Ø Three years for real estate damage.
Ø Six years for fraudulent activity.
Ø Six years for breaking written or oral contracts.
Ø In a case of health care injury or medical malpractice, the statute is two years and six months from the medical malpractice incident or from last day of treatment from the health care institute.
Contributory Negligence in New York
A legal case of personal injury is determined by the legal theory of negligence. As a rule, a court ascertains if a plaintiff is entitled to compensation for damages based on this.
According to New York law, compensation for damages can be reduced based on contributory negligence. Contributory negligence denotes victim’s partial responsibility for an accident. This implies that the plaintiff is partially responsible for their personal injury, their compensation may be equitably reduced, but not entirely nullified.
Negligence concedes precedence to the principal of an ideally responsible person and can be proved based on four basic elements. These elements are in the form of legal questions about the plaintiff’s injuries and the defendant's actions. They include:
1. Duty of Care—Was the defendant liable for the plaintiff's safety in the course of the injuring incident?
2. Breach of Duty —Did the defendant breach their duty of care?
3. Causation —Was the breach of duty the cause of the plaintiff's injuries? Were the injuries within the logical capacity of the defendant's duty to prevent?
4. Damages—Do the injuries represent tangible damages such as hospital bills that can be recompensed?
Speak with a Personal Injury Attorney
Injuries are expensive, including intangible costs such as health implications and time away from work amidst other financial obligations. You need a qualified attorney to help you with your case. If you are not sure about the viability of your case, then you need to contact a local personal injury attorney.
