How is Personal Injury Liability Determined in New York?
Personal injury cases come in many different shapes and sizes, from slip and fall incidents to medical malpractice. One thing all personal injury cases have in common, though, is the principle of liability. Personal injury liability is what separates a faultless accident from a preventable act of criminal negligence.
Here at Selingo Guagliardo, we know how difficult it can be to navigate the fallout of a personal injury. You may be left struggling with medical expenses and lost wages, not to mention pain and suffering. Pursuing legal action could help ease your burdens. Doing that, however, requires determining who is or isn’t liable for your damages.
To help you go forward and reclaim your life, we’ve written this handy guide to help you understand how personal injury liability is determined in New York. If you were injured through no fault of your own, contact Selingo Guagliardo today. We can get you the compensation you deserve.
Negligence and Fault in New York Personal Injury Law
Negligence is a foundational concept in personal injury law. Essentially, negligence occurs when an individual or entity fails to exercise the level of care that a reasonable person would in similar circumstances. This failure leads to injury or harm to another person.
Negligence is composed of four elements that must be established to successfully pursue a personal injury claim:
Duty of Care: The defendant owed the plaintiff a legal duty to act in a certain way. For example, drivers have a duty to obey traffic laws and not cause harm to others on the road.
Breach of Duty: The defendant breached this duty. For instance, a driver speeding or driving recklessly is breaching the duty of care.
Causation: The defendant's breach of duty caused the plaintiff's injury. It must be shown that the defendant's action (or inaction) directly led to the injury.
Damages: The plaintiff suffered harm or damages, such as physical injury, emotional distress, or financial loss, as a result.
In New York, the system of 'comparative negligence' is applied. This means that a party can recover damages even if they are partially at fault for the incident. However, the compensation will be reduced by the percentage of their fault. For example, if a plaintiff is found to be 20% at fault, they can still recover, but their damages will be reduced by 20%.
The Role of Evidence in Determining Liability
Evidence plays a pivotal role in establishing liability in personal injury cases. It serves to substantiate the claims made by the injured party, linking the defendant's actions or omissions to the damages incurred. Examples of evidence may include photographs of the accident scene, medical records, witness testimonies, and police reports.
The evidence should provide clear proof of the four elements of negligence: duty, breach, causation, and damages. In New York, like other jurisdictions, the burden of proof rests with the plaintiff, meaning it's their responsibility to present convincing evidence that demonstrates the defendant's liability.
New York's Statute of Limitations for Personal Injury Claims
The statute of limitations is the timeframe within which a personal injury lawsuit must be filed. In New York, the statute of limitations for most personal injury cases is three years from the date of the accident. However, for medical malpractice, the limit is two and a half years.
Notably, if a claim isn't filed within these periods, the injured party generally loses the right to sue. Understanding these time limits is crucial as they can significantly impact the ability to receive compensation for injuries.
The Process of Determining Personal Injury Liability in New York
Determining personal injury liability in New York is a meticulous process that typically begins with an investigation of the incident. This can involve examining the accident scene, interviewing witnesses, reviewing police reports, and collecting other relevant evidence.
Next, the plaintiff's attorney will typically engage in negotiations with the defendant's insurance company in an attempt to reach a fair settlement. If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will review the evidence and make a final decision on liability and damages.
Throughout this process, the principles of negligence and the doctrine of comparative negligence play a crucial role in determining the final outcome.
Selingo Guagliardo Will Help You Prove Personal Injury Liability
Understanding how personal injury liability is determined in New York can be complex. It involves navigating intricate legal principles such as negligence, comparative fault, and statutes of limitations. The importance of evidence in proving a claim and the process of recovering damages further add to the intricacies of these cases.
Fortunately, the personal injury lawyers at Selingo Guagliardo have the knowledge and experience necessary to help you make sense of New York’s personal injury liability laws. We can help you untangle the legal complexities and find the evidence you need to prove negligence. You don’t have to do this alone. We’re happy to be there, right by your side.
Contact us today to go forward and get the compensation you deserve.