Helping Accident Victims Get Justice In New York
If you have been hurt due to someone else’s recklessness or negligence in New York, it’s natural to be concerned about how you’ll pay for the cost of treatment and recoup wages that you’ve lost, among other expenses you’ve likely incurred.
The concept of personal injury law is to return injured victims to the position they were in before the accident. In reality, this is difficult and nearly impossible, but using the legal system, the personal injury lawyers at Hach & Rose, LLP are here to help you get as close as you can. In most situations, this must be completed by providing financial compensation to account for your injuries and any lost or destroyed property. Compensating you for these loses will come to you in the form of monetary damages. Every case is different, but the types of damages available in personal injury cases can include:
In New York, special damages refer to economic damages or damages that reimburse you for anything that has cost you money due to your accident. Special damages can include:
- Medical Bills
- Rehabilitation Costs
- Prescription Costs
- Lost Wages
- Loss of Future Earnings
- Property Damage
- In-Home Care Expenses
- Childcare Expenses
- Medical Equipment
- Transportation Expenses
- Childcare Expenses
You may be eligible for other damages as well. If you have been out of pocket any other damages that you do not see on this list, please talk to our helpful attorneys at Hach & Rose, LLP about your specifics so that we can get you everything that you deserve.
These damages are non-economic in nature and account for situations you are put in due to personal injury that do not have an immediate cost or value, including:
- Pain and Suffering
- Emotional Distress
- Mental Anguish
- Long-term Disability
- Lost Opportunities
- Loss of Enjoyment of Life
- Loss of Consortium
The nature of general damages can make them hard to quantify, but an experienced personal injury attorney can help you understand the general damages situation as it may apply to your case.
This category of damages is less common in personal injury cases, but courts can award punitive damages in effort to financially reprimand offenders in cases of extremely immoral or reckless behavior. It is important to remember that while you may feel that the person responsible for your injuries deserves punitive damages, that the court is very conservative in making those determinations. A knowledgeable personal injury attorney can let you know if your case might qualify for punitive damages.
There are no guaranteed damages in personal injury cases but having an understanding of the types of damages available can give you a good understanding of what may be available in your circumstances. The experienced personal injury attorneys at Hach & Rose, LLP are available at any time to review your case with you and help you determine what your case may be worth.
Personal Injury Statutes and Laws in New York
All personal injury cases are based on laws available. Here in New York, there are some very important state laws that affect your ability to recover:
Statute of Limitations
The statute of limitations refers to the time period you have to file a lawsuit. All states have statutes of limitations for various civil cases.
- Personal Injury Statute of Limitations:In New York, the statute of limitations for most personal injuries is three years. This means that you have three years from the date of your injury to file your claim.
- Medical Malpractice Statute of Limitations:If your case includes that wrongful death of a loved one, you have two years to file a cause of action on behalf of your family member.
- Medical Malpractice Statute of Limitations:In New York, victims injured due to medical malpractice have two and a half years from the date of the incident, or thirty months, in order to file a claim. There are a number exceptions to this rule that can shorten or increase the amount of time you have to file a claim. An experienced attorney can review these exceptions with you.
Shared fault refers to the situation when the injured victim is partially responsible for their own injuries. In these cases, you may still be able to recover compensation for your injuries because New York follows a legal rule called “Pure Comparative Negligence.” This means that compensation you are entitled to for your injuries will be reduced by the percentage of your fault. So, if you are determined to be 25% at fault for your injuries, you would be entitled to receive 75% of damages. This can become complicated when dealing with the insurance companies, so be sure to review your case with an experienced personal injury lawyer if you are concerned about the shared fault rules.
No-Fault Car Accident Laws
New York is a “no-fault” car accident state. This means that if you are injured in a car accident, you must first attempt to receive compensation from your own insurance company to cover your injuries and medical expenses. However, if you experience serious injuries in your accident, you may be eligible to file a claim against the other party. Because of the rules associated with the no-fault policy, it is important to consult with a personal injury lawyer on your case before you take any legal action.
Claims Against Government or Municipalities
If you suffer injuries due to conditions of government property or due to the negligence of a government employee, there are a number of limitations on your ability to recover damages. It is possible to seek personal injury claims from the government or municipality, but in New York, a formal complaint against the city, county or state government must be filed within 90 days of the occurrence. Then, you must give each government or agency time to respond to your formal complaint. These can be tricky situations, and it is best to always seek legal advice from an experienced personal injury attorney before taking legal action against the government so that you get it right the first time.
Injuries in New York: By the Numbers
Motor Vehicle Injuries
In our highly populous area, motor vehicle danger is immense:
- More than 1000 deaths occur each year due to motor vehicle traffic injuries
- Males aged 65+ and 20-24 are the most frequently impacted in traffic deaths and hospitalizations
- More than 12,000 hospitalizations occur each year due to motor-vehicle related injuries
- More than 130,000 emergency room visits occur each year due to motor-vehicle related injuries
- More than 300 pedestrian deaths occur each year due to motor-vehicles
- More than 3,000 pedestrian hospitalizations occur each year due to motor-vehicle injuries
- More than 12,000 emergency room visits occur each year due to pedestrian related motor-vehicle injuries.
Unintentional Injuries in New York
Most injuries are unintentional to the victim, but here, we are referring to injuries that were unintended by the liable party, meaning that they were not premeditated crimes.
- The three leading causes of hospitalizations and the unintentional deaths that follow in New York are motor vehicle traffic accidents, falls and poisonings.
- The top three reasons for emergency department visits are falls, being struck by an object/person and motor vehicle traffic accidents.
- Some data shows that only 1 in 8 medical mistakes are actually caught by the victim, making medical malpractice an extremely serious legal topic.
- Hach & Rose, LLP has secured more than $250 Million in medical malpractice settlements and satisfactory verdicts.
- Wrongful death can cover a number of different types of situations, from motor vehicle accidents to slips and falls, nursing home abuse and even medical malpractice.
- Surviving relatives can bring a wrongful death case on behalf of a loved one.
You can review other in-depth overviews and statistics of cases we handle in the Practice Areas https://www.unionlawfirm.com/practice-areas/wrongful-death/ section of our site. Our compassionate and talented team of legal professionals is ready to assist you with these topics and any other legal questions you may have.
Comprehensive Counsel for Complex Accident Cases
At Hach & Rose, LLP, our accident lawyers have the knowledge and experience necessary to assist clients in their pursuit of compensation to cover medical bills, lost wages, and other losses that can result from a sudden accident. Whether you are interested in possible car accident litigation or in need of support after you have been a victim of medical malpractice, the experienced and knowledgeable NY personal injury attorneys of Hach & Rose, LLP, are prepared to help you more fully understand your legal rights and options.