New York’s rules for personal injury lawsuits often favor plaintiffs. Still, you have to know how to use these rules to your advantage, which our lawyers can ensure when handling your case.
While New York provides exceptions to the statute of limitations, they only benefit victims who know exceptions exist. Though the lower standard of proof benefits victims, plaintiffs still need considerable evidence to prove fault. New York doesn’t cap damages, which also favors plaintiffs. Some roadblocks to recovery include restrictions on suing after lawsuits and comparative fault rules that weigh victims’ negligence on top of the defendants’.
For a confidential and free case discussion, call the Bronx personal injury lawyers of The Carrion Law Firm at (718) 841-0083.
What Makes the Bronx Friendly to Personal Injury Victims?
While the Bronx is generally friendly to personal injury plaintiffs, that doesn’t guarantee success with your claim. You still have to file on time, prove fault, and assert your damages, all of which we can handle.
Exceptions to the Statute of Limitations
Generally, the three-year statute of limitations for personal injury lawsuits starts on the date of injury. However, New York provides tolling exceptions to the statute of limitations, which change the date the countdown commences.
Delayed discovery is a common exception plaintiffs cite. Not all injuries are immediately discoverable, and the time it takes you to recognize them should not eat into the statute of limitations.
C.V.P. Law § 208(a) tolls the statute of limitations for child victims until they turn 18. Victims whose mental illnesses or disabilities stop them from filing see the statute of limitations tolled until their disabilities are lifted.
If an out-of-state defendant injures you, like a tourist driving through the Bronx, the statute of limitations won’t run while they are out of the state under § 207.
If it’s been close to three years since your accident, our Bronx personal injury lawyers can see if any tolling exceptions apply that would give you more time to sue.
Standard of Proof
Plaintiffs must prove a defendant’s fault by a “preponderance of the evidence,” convincing the jury that it’s more likely than not that a defendant injured them. The lower standard of proof in civil claims also favors victims but is still challenging to meet.
We need evidence like eyewitness statements, video footage, photographs, incident reports, medical records, and expert testimony to prove fault.
If your case settles out of court, as many injury lawsuits do, we will not have to prove fault at trial. We will need evidence to leverage and get good settlement offers, too.
Scaffolding Law
Construction is very common in the Bronx, and New York’s Scaffolding Law lets injured workers get around Workers’ Compensation being the exclusive remedy. When employers don’t follow the rules for erecting and maintaining scaffolding, and structures collapse, hurt employees can file lawsuits against them.
No Cap on Damages
New York doesn’t cap non-economic damages in injury lawsuits, making it friendly to plaintiffs. Non-economic damages represent the emotional distress, physical pain, and mental suffering you’ve experienced.
If your case goes to trial, the jury can award whatever amount it deems appropriate. Compensation for economic damages will be based on medical bills, evidence of lost wages, and proof of other out-of-pocket expenses, like vehicle repair costs.
Compensation for non-economic damages will be based largely on testimony. You can testify about your pain and suffering, as can mental health experts who evaluate you after an accident.
New York also doesn’t cap punitive damages. Juries give punitive damages to punish egregious behavior, so they’re not available in every personal injury case.
What Makes the Bronx Unfriendly to Personal Injury Victims?
While the Bronx is largely friendly to personal injury plaintiffs, some New York laws create roadblocks to recovery. Our attorneys can see if any might affect your case and address them head-on.
Serious Injury Threshold
For example, victims have to overcome the serious injury threshold to file lawsuits after car accidents. New York is a no-fault state, making drivers use their personal injury protection coverage first. Only if you incur a basic economic loss of $50,000 or sustain a “serious injury” can you sue for non-economic damages under I.S.C. Law § 5104(a).
Serious injuries include fractures, death, dismemberment, and miscarriage. Loss of use, significant limitation of use, or permanent damage to body members, organs, functions, and systems may also qualify. Say your injuries substantially affect your life for at least 90 of the first 180 days after the accident. In that case, you overcome the serious injury threshold.
This rule affects victims after most motor vehicle accidents, whether injured as drivers, passengers, bicyclists, or pedestrians. You don’t have to overcome the threshold after a motorcycle accident and can sue for any injury.
Comparative Fault
New York’s pure comparative fault rules might affect some victims’ recoveries. C.V.P. Law § 1411 lets victims sue if they share fault but lowers their damages proportionally to their liability.
Negligent drivers might claim victims were also speeding or driving recklessly, contributing to an accident. If victims don’t know how to combat comparative fault arguments, they might be unable to.
We can stop comparative fault rules from lowering your damages with evidence like eyewitness statements and surveillance footage. Eyewitnesses can testify during a trial, refuting the defense’s arguments that you were also negligent.
Different Filing Deadlines
Though three years is the statute of limitations for most personal injury claims, it’s not for medical malpractice and wrongful death lawsuits. Most medical malpractice victims have two and a half years to sue, and deceased victims’ personal representatives have two years from their date of death to file.
This can get confusing, so let our lawyers confirm the deadline for your case based on your reasons for filing.
Call Us About Your Case in the Bronx Today
Call the New York City personal injury lawyers of The Carrion Law Firm at (718) 841-0083 for a free case evaluation.