New York Negligence Law: Here’s What You Need To Know
New York has its own laws and legislations that govern negligence cases, as do many other states. A negligence case typically involves an injury suffered by an individual due to the negligent actions or inactions of a party deemed to have a duty of care for them. This could be an employer, medical professional, landlord, or taxi driver, among others.
With the help of a local personal injury lawyer, you can pursue adequate compensation for the suffering you’ve endured. Read on for more information on how New York’s negligence law works.
What You Need to Know About New York Negligence Law
Your lawyer must first determine whether you meet New York’s criteria for filing a negligence suit when assessing your case. These criteria cover the four D’s, which are #:~:text=Actions%20for%20negligence%20in%20New%20York%20state%20are,the%20injury%20occurred%20or%20where%20a%20party%20lived.” target=”_blank” rel=”noopener”>duty, dereliction, damages, and direct cause. All four must be present to succeed with your claim for compensation.
As is the case in most suits, you stand a much better chance of receiving the compensation you deserve if you file your claim promptly. In New York, the statute of limitations on negligence cases is generally three years, though this can vary depending on the details of your case.
Filing your claim early allows your lawyer to gather evidence that supports your case more thoroughly,. As time passes, these can be lost or become less reliable as the memories fade, so it’s in your best interest to move quickly, despite how difficult that can seem at the time. You will be unable to pursue your claim if you file outside of the period set out in the state’s statutes.
How Are Damages Calculated in Negligence Cases?
New York is a comparative negligence jurisdiction, meaning compensation is dependent on the percentage the jury deems you to be at fault. The sum of money you receive is reliant on the severity of your injury, loss, and hardship, as well as the amount of responsibility you bear for the incident.
Naturally, the above only applies if the case is presented in front of a court. The majority of civil suits are settled by both parties before ever stepping into a courtroom. Your lawyer can help you pursue a settlement for your personal injury claim, based on the damages or suffering you experienced. If possible, your lawyer can help you get the settlement you’re due.
But the at-fault party may not be willing to settle with you fairly. They may continue to offer you less than what your claim is worth. In these situations, your lawyer won’t settle for less. We’re ready to help you get the funds you’re due no matter what.
Seek Advice From a Lawyer in New York City
If you’ve been the victim of negligence at the hands of another party and you need compensation to fund your recovery, contact our team at Greenstein & Milbauer, LLP. We’re here to provide members of our community with reliable legal representation when they need it the most.