For personal injury actions, the statute of limitations (SOL) is three years from the date of accident/injury. For cases involving the City of New York, New York City Transit Authority or other municipalities, a Notice of Claim must be filed within 90 days of the accident and a injury lawsuit filed within 1 year and 90 days. For wrongful death, the time limit is 2 years from the date of death. For medical malpractice, the time limit is 2 years and 6 months from the date of the malpractice. Of course you should consult with an experienced attorney as there are other time limits and sometimes certain tolls which extend the statute of limitations.
If the insurance company and injured party cannot come to an agreement, and a lawsuit is needed to determine the amount of compensation, the award will be determined by a jury after a trial. The damages awarded will be highly dependent on many factors and will vary greatly from case to case.
One of the most common element of damages is compensation for conscious pain and suffering including past and future. In addition, damages may also include medical bills, property damage such as that to an automobile in a car accident, lost earnings which are economic damages, and sometimes emotional trauma resuling from a personal injury.
At trial, you and your lawyer will need to show two things:
Liability – who is at fault? The legal jury will assign a percentage of fault to each party. For example if two cars collide with each other and each driver says the other ran a red light the jury can sometimes believe one side and say driver was 1 was 0% at fault and driver 2 100% or they can split it 50-50 or any other degree of fault.
Damages – injuries or losses resulting from the accident. These include showing a medical diagnosis of injury, a prognosis of how the injury will affect you in the future, and several other types of damages such as loss of earnings, wages or future medical expenses and care.
If you suffered an injury to your person which was because of someone else’s fault or negligence, you will usually have a case. However, there are many factors that need to be considered. That is why contacting an attorney and describing what happened is the best way to find out. We offer a free consultation at (866) ATTY – LAW.