06 Mar NY Injury Law: No Fault, S.O Limitation & Contributory Negligence
No Fault State:
New York is a no fault auto insurance state. This policy requires an injured party in a car accident to request coverage and compensation from their own insurance company. This does not absolve either driver from fault or responsibility pertaining to the accident and does not mean it is impossible to determine who is at fault. There are loopholes to this clause and that is when there is a significant injury in the accident which includes disfigurement, bone fractures, and significant limitation to body function. In any of the situations you can pursue personal injury compensation from the other party. The benefit of no fault insurance is a more simplified and quicker claim and trial process in auto accidents.
Statute of Limitation Public and Private:
There is almost an endless number of claims that can be filed account the government. Each department is viewed as an independent entity. Whether it be city, county, or state. Reasons for personal injury law claims include accidents with city busses, slip and falls. In New York there are time limits for filing claims and lawsuits against the government. To file a claim again the city, county, or state you must do it within 90 days of the incident and one year to file a lawsuit. For cases involving private parties this time limit is extended greatly to 3 years to file a claim. It is important to always act within this time to increase the chances of a successful claim.
Shared Fault (Contributory Negligence)
Each state has a different formula for how to determine compensation and negligence. New York follows a system called contributory negligence. Under this system each party can receive a compensation amount equal to the percent of their contribution to the accident. So, if the accident was estimated to be 10% the fault of one party, then the compensation for that party is reduced by 10%. It is mandatory for New York civil/personal injury law courts to follow this system to determine compensation, however insurance companies when negotiating settlements do not have to use this. Negotiations can be properly carried out with the assistance of an attorney.
Plaintiff and Defendant:
Plaintiffs in personal injury law are the parties that received the injury. When the Plaintiff hires a lawyer to assist in pursuing compensation payments, the lawyer fees are often deducted after the claim. This is called contingency payments and encourages the injured party to follow the legal course of action and not be held back by upfront cost. Payments at the end of the claim can be around 40% in some cases, but only come in the case of a success. The defendant is the individual who is being accused of negligence. In their position there are typically upfront cost to hire a lawyer to defend them and prove their lack of fault. Some insurance policies in New York cover this, like homeowner’s insurance and auto insurance help often help to reduce the burned of payment.
Personal Injury Lawyers On Call in Queens & Bronx
Ribowsky Law- Bronx Personal Injury & Accident Lawyer 3602 East Tremont ave Bronx NY 10465 suite 203B (718) 846-2081
Ribowsky Law- Queens Personal Injury & Accident Lawyer 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 659-5333