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New York Personal Injury Law

Personal injury law deals with situations in which someone suffers physical or emotional damage caused by the negligence of someone else. Compensation is awarded to pay medical expenses, lost income, and pain and suffering.

Each state has laws governing the procedure for filing claims for personal injuries and time limitations or statutes of limitation, as well as specifics for certain types of injuries like medical malpractice or car accidents.

Statute of limitations

If you suffer injuries because of the negligence of another person, the law restricts the time you have to make a claim in court. This is called the statute of limitations and it can be a significant factor in your chances of receiving compensation for your injury.

Statutes of limitation are established by state laws and are intended to encourage promptness in pursuing legal action. If you file a lawsuit after the statute expires your claim could be dismissed by the court.

The statute of limitations differs by state and type injury, and it could also depend on who you're filing against. For instance, a case against a municipality will have different statute of limitations than claims against a private company. In certain cases the statute of limitation may be extended or "tolled" when certain events occur or facts are discovered.

For instance, if the defendant resigned from the state for two years after the incident, the statute of limitations could be extended for those two years. However, these exceptions could be difficult to prove in court. That's why it's important to have a New York personal injury lawyer on your side, who knows how the statute of limitations applies to your case. It is important to keep the statute of limitations in mind not only to ensure a strong negotiation position with the defendant but also to ensure that you have options should negotiations fail.

Damages

New York law allows people who have sustained injuries caused by another's negligence or intentional actions to receive compensation, known as damages. This includes financial and non-financial damages like medical expenses and lost wages. Choosing a skilled personal injury lawyer is essential in order to ensure you get the maximum amount of damages.

Compensation damages are designed to make the injured party whole after an accident. They can be classified into two categories: general and special damages. Special damages may include reimbursement for medical expenses incurred in the past as well as future care estimates. General damages are harder to estimate and can include the loss of enjoyment from hobbies, activities, and spending time with family members.

There are a myriad of parties that might be liable for your injuries, based on the kind of case you're facing. For instance, if were injured as a result of medical negligence, then the doctor might be held liable for your damages, but the hospital or healthcare provider could also be held accountable. Rosenberg & Gluck, L.L.P. Our firm investigates thoroughly every case to identify possible liable parties on behalf of our clients. We can assist you in obtaining the documentation necessary to prove your loss.

Discovery

Discovery begins once the formal legal petition and answer are filed. This pre-trial stage allows both parties to share and seek information and evidence that is relevant to the matter. Examples include documents, medical records and physical evidence.

In this process, a personal injuries lawyer may use a variety of legal tools, like interrogatories and requests for admissions. Depositions are taken by a person who is under the oath, in a non-judgmental setting. They are used to gather testimony about the facts of the lawsuit, including the accident that occurred and the nature and severity of your injuries.

During the process of discovery, your attorney may also request to see the defendant produce any evidence that proves you contributed to or caused your injuries. This defense can be used to limit your liability if you can prove that you're even 1% responsible.

The process of discovery can be long and complicated, and it's important to have a legal advocate on your side that knows how to defend your rights throughout each step. A personal injury lawyer will maximize your chances of receiving the compensation you are entitled to. If the defendant fails to respond to your valid discovery requests, there's the option of initiating an 26(i) conference and file a motion to compel the defendant to comply.

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In some personal injury cases there are instances where the parties are unable to settle outside of court. If this is the case, we submit a document known as"a "note of issue" and a "statement of readiness," which basically tells the judge that the case is ready to go to trial. The judge will then schedule the trial. During the trial, the factfinder (judge or jury) will hear both sides present evidence like testimony of witnesses, expert testimony, accident reports, photos and surveillance footage. They will then determine if the defendant is accountable for your injuries and to what extent, as well as the amount of damages that the plaintiff is entitled to receive.


In this phase in which defendants have the opportunity to counter some of the most important evidence offered by plaintiffs and also provide affirmative defenses. After both sides have had a rest, they will present their final arguments before the jury.

Most trials last two or three days, or longer depending on the number of witnesses are needed. In a personal injury trial it is crucial to have an experienced attorney who is able to convince you on your behalf and prepare your case to ensure the best outcome.

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