Accidental injuries are often due to someone’s negligent or reckless conduct, typically letting victims pursue personal injury lawsuits for compensation from liable parties.
You may have a case if all 4 mandatory elements of a personal injury lawsuit are present: duty of care, breach of duty, causation, and damages. If your injuries are immediately apparent, expect to have 2 years from the date you are injured to file. If you discovered your injuries at a later date, were injured by a defendant who then fled the state, were injured as a minor, or have a case against a government entity, your filing deadline may differ.
Call (845) 303-2748 for a free case evaluation from the personal injury lawyers of Basch, Keegan & Spada.
When Do You Have a Personal Injury Case in Warwick, NY?
It is not always clear to victims whether they can file personal injury lawsuits, which is why it is important to have your case reviewed by our lawyers immediately.
Another Party Owed You a Duty of Care
To see whether or not you have a personal injury case, our lawyers will see if the party who injured you also owed you a duty of care at the time of injury. You are owed a duty of care in many scenarios, so do not assume that no one else could be liable for your injuries.
For example, when you are driving your car, riding your bike, or walking as a pedestrian, all the drivers on the road around you owe you a duty of care and must follow traffic laws for your safety.
The Other Party Breached Their Duty of Care
For you to bring a successful compensation claim in New York, the other party must have breached the duty of care they owed you by doing something negligent. Someone is negligent when their action or inaction is outside of their duty of care or what a reasonable person would do.
Examples of negligence include speeding, texting while driving, failing to address property hazards, and making medication errors. Duty breaches can cause many accidents, including car crashes, slip and fall accidents, defective product accidents, boating accidents, animal attacks, and more.
The Other Party’s Breach Caused Your Injuries
An essential element of any personal injury case is that the defendant’s negligent act and breach of duty caused the plaintiff’s injuries. Eyewitness statements, accident reconstruction, surveillance footage, and other evidence help us prove this causal link for injury victims so they get fair compensation.
You Incurred Damages
The last requirement to file a lawsuit is having incurred damages because of the injury the defendant caused. Damages can be tangible financial expenses and intangible emotional harms, both of which are equally compensable in New York.
Stay on top of all damages and know the value of your claim by letting our personal injury lawyers track your losses after an accident.
How Much Time Do You Have to Bring Your Personal Injury Case in New York?
New York’s general statute of limitations for personal injury claims is 3 years, but the accrual date may differ from case to case. Let us identify the filing deadline and help you meet it after an accident.
If Injuries Are Immediately Apparent
If you are injured as an adult and your injuries are immediately apparent, you have 3 years from the date you are injured to file your personal injury lawsuit.
If You Discover Your Injuries at a Later Date
If you experienced delayed discovery and only realized your injuries later, you may have 3 years from the date of discovery to file your personal injury lawsuit.
If You Are Injured as a Minor
If you are injured as a minor and incur damages, the statute of limitations is tolled and begins to run when you turn 18, giving you until you turn 21 to file your personal injury lawsuit.
If the Defendant Leaves the State
When a defendant leaves the state to avoid liability for any damages they caused, the statute of limitations pauses for any period they are outside of New York. It resumes when they return to the state.
If the Defendant is a Government Entity
If your personal injury claim is against a government entity in New York, the statute of limitations shortens to 1 year, and there is an additional notice of claim requirement that victims must satisfy within the first 90 days of an injury.
FAQs for Personal Injury Victims
Are Personal Injury Damages Capped for Victims in Warwick, NY?
New York does not impose statutory caps on most personal injury lawsuits, except in cases involving government entities.
Are Personal Injury Damages Guaranteed for Victims?
Victims are never guaranteed damages, even if they have visible injuries or strong cases. We still must prove the defendant’s liability or negotiate a good out-of-court settlement for you to get the compensation you require.
What Personal Injuries Are Worth Filing Lawsuits for in Warwick, NY?
Any injury that requires medical treatment, prevents you from working, or affects your quality of life is worth filing a lawsuit for. If you are injured in a car accident in New York, you may only sue for “serious” injuries, such as death, dismemberment, significant disfigurement, fractures, and loss of fetus, among others.
What is Relevant Evidence in a Personal Injury Case?
Relevant evidence that can help you win your personal injury case includes eyewitness testimony, medical records, video footage, vehicle black box data, and photographs.
What Are the Potential Outcomes of a Personal Injury Case?
The majority of personal injury lawsuits are settled without trials. Although going to court is rare, it is a possibility when you file a personal injury claim, and something our lawyers can help you prepare for.
Get Our Help with Your Warwick, NY Personal Injury Case
Call (845) 303-2748 to discuss your case for free with Basch, Keegan & Spada’s personal injury lawyers.