When  a person or organization’s negligence, reckless behavior or intentional actions injury another individual, the injured person can file a personal injury lawsuit against the responsible party. If you’ve been hurt in an accident that was someone else’s fault, a Binghamton personal injury lawyer can attempt to negotiate a settlement with the responsible party or file a lawsuit on your behalf.
Basics of New York Personal Injury Law
To win a New York personal injury lawsuit, your attorney must prove that:
- The responsible party — which can be an individual, company or government agency and is known as the defendant – had a legal obligation to avoid hurting you
- The defendant failed to uphold that responsibility, known as a duty of care, and you were consequently injured
- Your physical and mental injuries cost you money
If your lawsuit is successful, you’ll be entitled to financial compensation, or damages. This compensation is intended to reimburse you for medical costs associated with your injuries, lost wages if you’re unable to work or have to miss work for medical treatment, the cost of repairing or replacing property damaged in the accident, pain and suffering, and other accident- or injury-related expenses.
Types of New York Personal Injury Cases
Personal injury law is a broad practice area that covers all sorts of mental and physical injuries suffered as a result of another party’s careless, reckless or intentional actions. It includes motor vehicle accidents (such as car crashes, truck accidents, motorcycle accidents and boating accidents), construction accidents, medical malpractice, birth injuries, slip and fall accidents, injuries caused by defective and dangerous products, workplace accidents, asbestos-related health conditions, Mesothelioma, catastrophic accidents, plane crashes, railroad accidents, and nursing home neglect and abuse.
Time Limit to File a Binghamton Personal Injury Lawsuit
Under New York law, you have three years to file a personal injury lawsuit against the party responsible for your injuries. This deadline, known as the statute of limitations, is strictly adhered to. If you’re even just one day late in filing your lawsuit, you’ll be barred from receiving any compensation from the responsible party. It’s important to note that this is the deadline to file the lawsuit; you’ll still be able to receive compensation if your case takes more than three years from the date of your accident to resolve.
If a government agency is responsible for your injuries, you have even less time to hire a New York personal injury lawyer and file a lawsuit. If you’re suing a New York city, county or state government agency, you must file a formal claim with the agency within 90 days of your accident.
