By Allen Brown
With the Statue of Liberty, Rockefeller Center, Broadway, Metropolitan Museum of Art, and Empire State Building, to name just a few fantastic sights to see, it is no wonder that New York is a popular place. With a population of over 8 million, you may be hard-pressed to find someone who doesn’t want to be either living or working there! However, with so many people visiting, living, and working there, it is inevitable that accidents happen that could result in injury. Read on to find out what you need to do if you get hurt in New York.
In the State of New York, anyone that has suffered harm physically, mentally, or emotionally, intentionally or otherwise, as a result of someone else’s actions is covered by personal injury law. If you’re already in the State, it would make sense to hire a personal injury lawyer in New York. As the injured party, you could potentially recoup medical expenses, burial costs, costs to cover pain and suffering as well as lost wages, amongst other things.
Injuries can range from minor to severe, with a three-year time limit from the date of the accident occurring in which to make a claim. In the unfortunate event that a personal injury results in death, the family of the deceased has two years from the date of the accident in which to file a personal injury claim.
Typical personal injuries include:
You may be eligible to file this type of lawsuit to potentially claim damages, should you sustain an injury on someone else’s property because of their negligence.
You may be eligible to file this type of lawsuit to potentially claim damages, should you be using a product in the way it was intended to be used when you sustained an injury.
Currently, the most common type of personal injury that is claimed in New York, accidents caused because of a vehicle can vary from mild to severe, possibly leading to being life-ending.
If an accident in the workplace occurs, then under New York law, Workers Compensation insurance, as paid by the employer, will cover medical expenses, and employee wages if the employee becomes ill or injured because of their duties.
New York has no specific statute for pet owner liability. Owners are held liable if the injured party can prove the former should have known the animal was dangerous.
If you have received an injury due to the negligence of an employee or agency of the Government of New York and require compensation, then you need to file a claim with the relevant department, providing them with sufficient time to respond. As there are slightly different rules to what has already been discussed, you may want to seek legal advice from the moment you decide to proceed with your claim.
You have 90 days to file a claim with the State, city, or county of New York. You have a year to file a lawsuit against both the city or the county of New York. In the 90 days of filing a claim against the State, if you have yet to determine a final claim figure if, for example, treatment has yet to be completed, you can issue a notice of intent to file.
Visitors have the same rights as a resident of New York and so should immediately hire a lawyer in the State that specializes in personal injury claims. You must supply them with all the details of your case; any pictures, medical reports, and information about the damage you suffered as a result of the other person’s negligence. Furthermore, you must notify the lawyer of your contact details, continuing medical treatment, and any changes in your employment status that has arisen as a result of your personal injury.
You will be required to attend court twice. One will be at your disposition, which is when the defendant’s legal team will question you. During this process, you will need to justify why you feel the defendant is liable for your personal injuries. The second time will be to undergo a physical examination by a doctor chosen by the other side. Your lawyer will generally help you with any accommodation costs that may arise in the event that you have to return back to New York.
Undoubtedly getting hurt anywhere is something none of us want to experience. Yet it can and does regularly happen. Laws surrounding personal injury claims may vary from state to state, so if you’re visiting relatives or are on holiday in one different from the one where you reside, it makes sense to know what to do in the unfortunate case of an accident caused by someone else’s negligence. This way, you can enjoy your time away from home in the comfort that you have all bases covered in the unlikely event of a medical emergency.
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