Many visitors to the state may suffer injuries while here. When they do, they do not know how they are going to pay for medical expenses, and may be unable to work. Many people wonder whether they can file a claim to recover compensation for these losses.
To determine whether someone has a claim, it is important to review the specific facts of the case. This is because there are four elements a person must be able establish to have a successful claim.
Everyone has a duty of care to keep those around them safe. This means everyone must act in a reasonable manner so they do not hurt others.
When a person breaches their duty of care, or acts carelessly or recklessly, they are considered negligent. This is the legal concept most personal injury claims rest on.
This element of proof requires a plaintiff to show that another person’s negligence caused their injuries.
In addition to sustaining injuries, a person must also be able show that they suffered damages, or losses, as a result.
Visitors to New York often wonder if they can still file a claim if they contributed to the accident that caused their injuries. In most cases, they can. New York is a comparative fault state.
Comparative fault means that when an injured individual was partly to blame for their accident, they can still claim compensation for their injuries. The courts will determine the plaintiff’s percentage of fault and reduce any compensation they are awarded by that same percentage.
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All personal injury claims in New York are subject to a statute of limitations. This is the amount of time a person has to file their claim. In New York, this statute of limitations is typically three years from the date of the accident.
There are some exceptions to the three-year statute of limitations. For example, a person wishes to sue the government must follow a much shorter statute of limitations. Additionally, there are instances in which injuries are not discovered right away. When this is the case, individuals often have three years from the date of discovery to file a claim.
It is important that anyone who was injured in New York files their claim within the appropriate time limit. When they do not, the courts may bar them from receiving any compensation at all.
If you were injured while visiting the state, it is important you speak to a personal injury lawyer in New York. An attorney can help determine if you have a claim after reviewing the facts of your case. It is important to understand that the lawyer you speak to must be located in New York. They will be licensed to practice in the state and will know the laws that pertain to your case. If you were hurt while visiting the state, call an attorney today to get started on your claim.
Goldstein and Bashner
