NY Personal Injury Attorney: Frequently Asked Questions About NY Personal Injury Cases
Have you been thinking about contacting a NY personal injury attorney, but have questions? Start here by reading about some of the most frequently asked questions regarding personal injury cases in NY.
How much time do I have to sue someone for causing the personal injury?
The “statute of limitations” is a legal rule that says a lawsuit must be filed within a certain amount of time, otherwise the injured party loses their right to sue. Each state has their own limits, and in New York it is 3 years.
Are medical malpractice cases different?
Yes. The responsible party should be sued within 2.5 years of when the medical procedure was done. In NY there is no “discovery of harm rule”, which allows the statute of limitations to begin once the injury is discovered, not when the procedure actually took place. Only in particular situations would the discovery rule be acceptable, such as if a foreign object was left inside someone during surgery. Your lawyer will know the details that apply to your circumstances.
What if the injured person dies?
Whomever is the next of kin can still sue.
How does my lawyer get paid?
Most often your lawyer will get a contingency fee, which means they charge based on whether or not you win the judgment and receive a monetary settlement, with no money up front. Often it is a third of the net recovery.
How can I help my lawyer with my case?
If you took any notes after the accident they will be helpful. Provide and medical records and documentation of all injuries. Keep track of all losses that are financial or other. Examples include lost time from work, school, vacation, family events, or sporting activities. Maintain a record of all conversations with insurance and medical personnel, witnesses, or others, regarding the accident, with dates and times of the discussions.
If you or a loved one have suffered a personal injury and are in need of legal advice or representation, contact an experienced NY personal injury attorney today.