New York Personal Injury Lawsuit
How Do I Know if I Should File a Personal Injury Lawsuit?
To file and win a personal injury lawsuit, you will need to show that someone acted negligently, resulting in an injury and significant damages. A negligent act can be committed by an individual, such as reckless driving that causes an accident. It can also be a company, for instance, if you slipped and fell on a wet floor in a store.
If you think you have a case for a New York personal injury lawsuit, contact a lawyer. Firms specializing in these cases are best positioned to advise you. They can look at the situation, determine if negligence occurred, and determine if a lawsuit is the best way to recover damages.
What Steps Are Involved in a New York Personal Injury Lawsuit?
A New York personal injury lawsuit is a multistep lawsuit that can be confusing and intimidating for non-lawyers. Your lawyer will guide you through the process, but it’s also important to understand what will happen:
- File a complaint
The first step is to file a complaint to begin the lawsuit. Your lawyer will do this. It serves to notify the defendants in the case and broadly outlines your charges and evidence. - Discovery
Once your defendants have notification of the suit, a discovery period begins. Both sides investigate, gather evidence, talk to experts and witnesses, and build their cases. They may also hold depositions and share information. - Negotiations
Many personal injury lawsuits never go to trial. It’s in the best interest of the defendants to settle because a jury verdict is usually larger. It’s in your best interests, too, because a settlement will get you damages faster. - Trial
If you cannot reach an agreement during negotiations, your lawyer will take the defendants to court. Both sides present their cases, and the jury makes a decision about liability and any damages owed. - Appeals
If you win, your lawyer will still need to take steps to make sure you get the money ordered by the court. If the other side appeals, you will have to wait for the decision of a higher court. You can appeal the decision as well.
Is There a Time Limit on Filing a Personal Injury Lawsuit in New York?
Yes, every state has a statute of limitations that determines when it is too late to file. In New York, you must file within three years of an incident that causes a personal injury. If the injury is to property, you also have three years from the incident to file.[1]
In cases in which the defendant is a state government agency or employee, you cannot sue. You can, however, file a claim for compensation. You have just 90 days to do so.
What Do I Need to Prove My Case?
In a personal injury case, you have the burden of proving that the defendant is negligent and liable for damages. The first step is to show that they failed to act reasonably or breached a professional duty of care. You must then connect that failure to your accident, that the accident resulted in injuries and significant damages.
How Much Can I Recover from My New York Personal Injury Lawsuit?
Your lawyer’s experience handling personal injury cases is an invaluable tool in estimating what you can recover in damages. In general, the more severe the injury and high the resulting bills, the more you will recover.
To estimate damages, your lawyer will talk to witnesses, look at your medical record, and get testimony from experts. The estimate is based on several factors:
- The severity of the injury or injuries
- The cost of medical expenses
- Lost wages from being unable to work at all or in the same position
- Any disfigurement or permanent disability
- The degree of emotional and physical pain and suffering
Examples of New York Personal Injury Lawsuits
There are many examples every year of successful personal injury lawsuits in New York. Reading through these can give you an idea of what you may expect filing your own lawsuit in the state:
- In 2018, a Manhattan woman won a $45.2 million jury verdict. She nearly died after being struck by a shopping cart thrown from an overpass at a mall in 2011. Marion Hedges had a severe brain injury from the incident. She sued the mall and retail store as well as the security company. The jury found them negligent for having failed to deal with previous cart incidents.[2]
- In a similar incident, a man was struck by a railroad tie dropped from subway tracks. He was just 23 and ended up paralyzed because of the incident. A jury in Brooklyn awarded the man over $110 million.[3]
- Donna Olson, 66-years-old, sued Johnson & Johnson in New York Court after developing mesothelioma and connecting it to 50-plus years of use of the company’s Baby Powder product. A jury agreed that Johnson & Johnson knew about asbestos in talcum powder and failed to warn consumers. The jury awarded Olson $325 million, but a judge reduced it to $120 million after the 2019 trial.[4]
These are just a few of many examples of New York personal injury lawsuits. The repercussions of negligent actions can be severe, damaging, and expensive. If you believe you have a case of personal injury, contact a lawyer in the state who specializes in helping victims.