New York Personal Injury Law
Personal injury law deals with situations in which the victim suffers physical or emotional damage due to someone else's negligence. Compensation is generally awarded to cover medical bills, lost income and suffering and pain.
Each state has its own laws that specify how to submit a personal injury claim and the time limit (called statutes of limitations) and specifications for specific kinds of injuries like medical malpractice, car accidents or defective products.
Statute of limitations
If you are injured because of the negligence of someone else person, the law restricts the time you have to bring a lawsuit to court. This is called the statute of limitation, and it could significantly impact your chances of receiving compensation for your injury.
State laws determine the time limit for filing a lawsuit. They exist to encourage prompt legal action. If you file a case after the statute has expired your claim could be dismissed by the court.
The time limit for filing a claim varies by state and type injury, and it can also depend on who you are filing against. For instance, a case against a municipality will have a different statute of limitations than a claim against a private business. In certain situations, the statute of limitations can be extended or "tolled" if certain events occur or facts are discovered.
For instance, if a defendant was out of the state for two years following the incident the statute of limitations would be extended to those two years. However, these exceptions could be difficult to prove in court. That's why it's important to have an experienced New York personal injury lawyer to your side who understands what the statute of limitations applies to your case. The statute of limitations in mind is crucial not just to ensure an effective negotiation position with the defendant, but also to safeguard your options should settlement negotiations fail.
Damages
New York law allows people who have sustained injuries caused by another's intentional or negligent actions to claim monetary compensation, referred to as damages. This includes both financial and non-financial damage which include medical costs and lost wages. Selecting a reputable personal injury lawyer is crucial in order to ensure you get the most amount of compensation.
Compensation damages are designed to provide compensation to a victim following an accident. They can be divided into two categories: general and special damages. Special damages can include the reimbursement of medical expenses in the past as and future estimates for care. General damages can be difficult to quantify and can include the loss in enjoyment of hobbies, family time and other activities.
There are a myriad of parties who could be held accountable for your injuries, based on the kind of case you're in. For example, if you suffered an injury due to medical malpractice, then the physician could be held liable for your injuries, but the hospital or healthcare provider could also be accountable. Rosenberg & Gluck, L.L.P. Our firm thoroughly investigates all cases to determine the possible liable parties on behalf of our clients. We will assist you with obtaining the evidence needed to prove your loss.
Discovery
Discovery begins once the formal legal petition and response are filed. This pre-trial phase allows both parties to exchange evidence and information relevant to the particular case including medical records, documents, physical evidence, and witness testimony.
A personal injury lawyer will employ various legal tools during this process, including interrogatories, requests for admissions and depositions. Depositions are made by an individual under the oath, in a non-judgmental setting. They are used to gather testimony about the circumstances of the case, including the cause of the accident and the nature and extent your injuries.
In the course of discovery, your attorney can also demand to see the defendant produce any evidence they have that proves you were responsible for or caused your injuries. This defense of affirmative may be used to limit the damages if you can prove that you're at least 1% responsible.
personal injury lawyer attorney of obtaining information can be lengthy and complex, and it's important to have a legal team by your side that knows how to defend your rights throughout each step. A skilled personal injury attorney will be able to maximize your chances of getting the compensation you're entitled to. If the defendant refuses to cooperate with your valid requests for discovery, you may begin an action under section 26(i), and submit a motion to force them to comply.
Trial
In some personal injury lawsuits, parties cannot settle out of court. In this case we'll file an "note informing of the issue and readiness" which basically informs the judge that your case is ready to be heard. The judge will then plan the trial. During the trial the factfinder (judge) will hear both parties present evidence including witness testimony, expert testimony, accident reports and photographs. The factfinder will determine whether and in what way the defendant is responsible for your injuries, as well as the amount of damages that the plaintiff may receive.
During this stage the defendant will be given the opportunity to rebut some of the key evidence presented by the plaintiff and offer affirmative defenses. When both sides have sat down in their closing arguments to the jury.

Most trials last between two and three days. It can vary based on the number of witnesses required. In a personal injury case it is crucial to hire an experienced attorney who is able to convince you on your behalf and prepare your case to ensure the best outcome.