New York has thousands of visitors every day. Unfortunately, sometimes visitors to the state get hurt while here. When accidents occur, a person may be left with high medical bills and often a loss of income. The aftermath of an accident is always confusing, but this is particularly true when the injured person is from out-of-state. These individuals often do not know what to do or if they are entitled to compensation. Many out-of-state accident victims can claim compensation for their injuries, but there are some important facts to know before filing a claim.
Not every accident forms the basis of a personal injury claim. An injured party can only file a claim when someone else’s negligence caused the accident that resulted in their injuries.
Everyone has a duty of care to act in a reasonable manner that keeps everyone around them safe. Drivers have a duty of care to drive safely. Store owners have a duty to keep their property in a safe condition, so customers do not get hurt.
When someone does not act reasonably, they are considered negligent. If that negligence causes an accident and someone gets hurt, the injured party is then entitled to claim compensation. This compensation can help them pay for medical expenses, make up for lost income, and help compensate for their pain and suffering.
New York, like all other states, has a statute of limitations that applies to personal injury cases. This is the time limit a person has to file a claim. When personal injury claims are filed after the statute of limitations has expired, the injured individual could be barred from receiving any compensation. In New York, the statute of limitations is three years from the date of the accident regardless of whether they are in the state.
Car accidents form the basis of many personal injury claims. Most states are tort, or at-fault, states, meaning that an injured individual can file a claim directly against the driver that was at fault for the crash. However, New York follows no-fault laws.
Under the no-fault laws, each driver must go through their own insurance company to file a claim for accident benefits. This type of compensation can provide coverage for medical expenses, lost income, and more. In most cases, a person cannot file a lawsuit against the at-fault driver. This is true even when visitors who are hurt live in a state that follows tort laws. They must instead go through their own insurance company because the accident happened in a no-fault state.
In certain cases, a person can file a lawsuit directly against the at-fault driver in New York. When someone’s injuries surpass the threshold outlined by state law, they can file a lawsuit to claim compensation for their injuries. To exceed this threshold, a person typically must have become disfigured or sustained a permanent disability as a result of the crash.
If you were hurt while traveling in New York, it is important that you speak to an injury attorney today. After reviewing your case, a lawyer could advise on whether you have a claim and if you may be entitled to compensation. An attorney could also work to make sure your rights are upheld and give you the best chance of receiving the compensation you need. If you were injured, call today to get started on your claim.
Goldstein and Bashner
