Before filing a personal injury claim on Long Island, there are many issues to consider. One of the most important is the statute of limitations for personal injury lawsuits in New York State. According to the guidelines offered by the New York State Unified Court System, plaintiffs have three years from the date of their injury to file a lawsuit for most injury cases, including motor vehicle injuries.
There are exceptions to this deadline for underage minors and others who can’t file in time for reasons beyond their direct control. In addition, according to an article published by the New York City Bar, exceptions are also made for certain injuries that aren’t discovered within the allotted time. These cases include toxic chemical exposure and doctors leaving behind foreign material in your body, a prime example of medical malpractice.
Where to File Your Case
According to a post at /ww2.nycourts.gov, you should file your lawsuit with the county court if you claim $25,000 or less in damages. If claiming more than $25,000, you file with the local Supreme Court of Nassau or Suffolk County. Vehicle accidents cause most accidental injuries, and $25,000 is the typical limit for insurance companies paying damages.
Determining the Amount of the Lawsuit
It’s critically important to talk to a personal injury lawyer from Long Island, NY. These experts know the rules and deadlines to ensure better results. As a result, you’ll get a more accurate estimate of damages – especially for intangible costs like pain and suffering, emotional distress, losses of companionship, and even punitive damages in many cases.
You must sue for a specific amount in any lawsuit, including vehicle accidents, defective products, wrongful death cases, medical malpractice, workplace accidents, or slips and falls. For example, suppose you are employed in New York and got hurt on the job. In that case, your personal injury claim might fall under workers’ compensation insurance carried by your New York employer, which has separate rules and regulations to recover damages.
The following are typical expenses to claim in a lawsuit:
- Property damages
- Past and future medical expenses
- Damages that compromise using the property
- Lost wages
- Losses caused by cosmetic surgery to restore facial disfigurement and scarring
- Emotional distress
- Pain and suffering
- Possible loss of companionship or consortium
- Rental vehicles or equipment for non-vehicle-related injuries
It’s important to record any related expenses, including over-the-counter medications for pain, prescription drugs, lost wages, and other medical expenses. New York and Long Island courts also permit the recovery of attorney fees as part of a lawsuit settlement or award. Therefore, you should add these expenses to your claim unless you hire an attorney on a contingency basis.
Other Important Filing Deadlines
Don’t forget about other deadlines that might apply to your personal injury case. The statute of limitations for personal injury lawsuits is usually three years. Still, you only have 30 days to report the accident to your no-fault personal injury insurer and ten days to report to the Department of Motor Vehicles. You should also file a police report immediately after an accident.
In Long Island, the deadline for filing lawsuits for most personal injury cases is three years. These cases include:
- Bicycle accidents
- Motor vehicle accidents
- Dog bites
- Slips and falls
- Premise liability accidents
- Construction mishaps
Your deadline might be shorter for medical malpractice and defective product cases. For example, if you tripped over an improperly maintained sidewalk, you might sue the city, parks department, or other government agency. However, these agencies usually have special rules for filing lawsuits against them.
Hiring an Attorney
Long Island courts make things difficult for strangers and inexperienced attorneys. The court system of Long Island and New York City is extremely complex but also antiquated based on the lack of a modern judicial overhaul. However, an experienced Long Island personal injury attorney knows the ropes and how to get good judicial oversight of your case.
With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.
