Developments In NY Civil Injury Laws From A 2023 Lens
Personal injury law in New York City (NYC) has undergone significant changes in recent years, and 2023 is no exception. New developments in personal injury law have expanded the rights of accident victims in NYC, making it easier for them to obtain compensation for their injuries.
One of the most significant changes is the enactment of the Child Victims Act in 2019. This law allows survivors of childhood sexual abuse to bring civil actions against their abusers, regardless of when the abuse occurred. Previously, these survivors were barred from bringing such claims due to the statute of limitations. The Child Victims Act has provided survivors with a one-year window to file claims that were previously barred by the statute of limitations.
Another important development in personal injury law is the expansion of the New York State wrongful death statute. In 2022, the statute was amended to allow for punitive damages in wrongful death cases. Punitive damages are awarded to punish the defendant for their egregious conduct, rather than to compensate the plaintiff for their injuries. This change has the potential to increase the amount of damages awarded to the families of wrongful death victims.
In addition to these changes, there have been several recent court decisions that have expanded the rights of personal injury plaintiffs in NYC. For example, in 2021, the New York Court of Appeals held that a plaintiff in a slip and fall case did not need to show that the defendant had actual or constructive notice of the dangerous condition in order to recover damages. Instead, the court held that a plaintiff can recover damages if they can show that the defendant created the dangerous condition.
Another recent decision that has had an impact on personal injury law is the New York Court of Appeals' decision in the case of Balbuena v. IDR Realty LLC. In this case, the court held that undocumented immigrants are entitled to recover lost wages in personal injury cases, even if they are not authorized to work in the United States. This decision has provided much-needed relief to undocumented immigrants who are injured in accidents and would otherwise be unable to recover lost wages.
Overall, these new developments in personal injury law in NYC have expanded the rights of accident victims and their families, and have made it easier for them to obtain the compensation they deserve. If you or a loved one has been injured in an accident, it is important to consult with an experienced personal injury attorney who can help you understand your legal rights and options.
Michael D. Ribowsky and his accident lawyers in Queens, NY have years of experience dealing with individual claims relating to either physical or psychological injuries through the negligence of another party. There are several variables that go into a successful case where timing and details can make all the difference. Hiring professional local injury attorneys is suggested to increase the chances of receiving the compensation the injured party deserves. Ribowsky law takes all Queens personal injury cases seriously and does whatever it takes to make sure you receive maximized compensation, which is dependent upon where and how you were injured and the damages it caused.
Ribowsky Law will guide you from the slip & fall injury and medical treatment, up until settlement or court. Knowing when and how and to proceed to each step will be one of the keys to a solid case. Collecting evidence and documenting what happened will assist in showing how the injury transpired, as well as proof of liability. Ribowsky Law excels at slip & falls cases and has years of experience representing clients and handling all the details from start to finish.
We are Locals and we know all too well that hit and runs are not unheard of. They are often a result of the negligence of a driver who should be held responsible for your injuries. At Ribowsky Law we help you to build your case, navigate the courts, and get you the largest payout possible.
Insurance companies often try to minimize car accident claims, our experienced law firm will fight for you to be awarded what you have owed to you including: medical expenses, lost wages, property damages, and pain and suffering and Personal Injury Protection (PIP).
Premise liability is the result of a personal injury on someone’s property due to unsafe conditions. We excel in representing all clients in identifying and navigating complicated premise liability cases.
We represent victims of truck & motorcycle accidents in the area to always ensure your compensation is just and we have experience dealing with trucking companies, insurance, and all injury lawsuits
If you have been involved in an accident with an under-insured or uninsured driver, you might not know who will be responsible for your claims. We make sure you are compensated for the correct amount by the responsible parties.
For many insurance disputes, you need an experienced lawyer who can fight for you and help you navigate the bureaucratic system.
Construction accidents are one of the most common workplace injuries due to unsafe working conditions and employer negligence. there are laws in NYC to protect construction workers like New York’s Labor Law Section 240, dealing with scaffolding safety laws.