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How to File a Personal Injury Lawsuit in NYC

If you have recently suffered a personal injury in New York City, then it is normal to be facing more questions than answers. Recovering both physically and financially from accidents that happen in a city as big as New York can be daunting and intimidating, to say the least. Below are a series of answers to some of the most common questions people have when are looking to file a personal injury lawsuit in New York City.

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How Long Do I Have to File a Lawsuit?

Before you even file a lawsuit, you have to check and make sure that the lawsuit would even be accepted as it must be filed within the time limits or ‘statute of limitations’ as laid out within the laws of the state of New York. Each state has its own statute of limitations for filing lawsuits of different varieties. In the state of New York, the statutes of limitations for the following types of cases include:

Personal Injury: Three years from the date of the accident
Wrongful Death: Two years from the person’s death
Medical Malpractice: Two and a half years from the date of the alleged malpractice
Products Liability: Three years from the date of injury due to defective product

If you don’t file your lawsuit within the specified statute of limitations, you will most likely lose your opportunity to be compensated for your injuries as a New York City court will likely reject your personal injury lawsuit.

What Types of Injuries Can I Sue for?

Once you determine that your lawsuit would be filed within the appropriate time limits, the next step is to determine exactly what kind of personal injury case you have. In New York City, you are able to file personal injury lawsuits for the following types of cases:

Motor vehicle accidents, which includes car, truck, motorcycle, or bus accidents
Bicycle accidents
Pedestrian accidents
• Medical malpractice
• Defective products
Slip and falls
Construction accidents

Note: this is not a complete list by any means. If you have suffered a personal injury of any kind in New York City, then it is important to speak to an experienced NYC personal injury attorney who can help you understand not only what type of case you have, but also what your next steps should be.

What Type of Compensation Can I Receive?

The compensation, or ‘damages’ that you can receive due to a personal injury is broken into four specific categories, they are:

  •  General Damages: These damages include things like pain and suffering, mental anguish, and the loss of companionship or consortium.
  •  Special Damages: These damages include things like any medical bills and the costs of any future necessary care. Special damages also include any loss of income or ability to earn future income.
  •  Punitive Damages: These damages are meant to serve as a punishment more than compensation. It is uncommon for a court to award punitive damages unless the court finds the behavior of the defendant to be completely out of line and despicable.
  • Wrongful Death Damages: These damages include things like funeral expenses, emotional distress for family members, and the loss of ability to financially provide due to wrongful death.

It is important to speak to a qualified personal injury attorney to find out specifically what type of damages might be awarded in your NYC personal injury case.

How Much Does It Cost to Hire a Top NYC Personal Injury Lawyer?

It should cost you nothing upfront, simple as that. Any top New York City personal injury attorney should offer to take your case on a contingency basis. This means that you only pay legal fees to your attorney if your attorney is successful in helping you win money.

All up-front legal and filing fees would be covered by your attorney. If you don’t win your case, then you would owe nothing to your attorney in a contingency arrangement. This type of arrangement not only encourages personal injury attorneys to only file good cases, it also gives regular people access to top-level legal help. To discuss the specifics of a contingency arrangement, and how it would work for you, give Sam N’ Dan a call today.

Contact Sam n Dan for a Free Consultation

If you or someone you love has suffered a personal injury in New York City, then it is important to speak with an experienced New York City personal injury attorney as soon as possible. If you are looking for an honest assessment of your case that will cost you nothing, then contact us at Meirowitz & Wasserberg, LLP at 1-800-726-6326 today or online here. The advice is free, and our conversations will be confidential even if you choose to hire another attorney. We operate on a contingency fee basis; if there is no recovery, then you are not charged a fee, simple as that.

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