Suffering a severe injury is disruptive, inconvenient, and expensive. If someone else’s negligence contributed to the accident that caused your injury, you could seek monetary damages from the negligent parties. They have a legal obligation to pay your medical costs and lost income, and make up for any future impacts that the injury might have on your health or earning capacity.
If you sustained an injury in an accident, or you lost a family member due to a wrongful death, seek advice from a Brooklyn personal injury lawyer from StolzenbergCortelli, LLP right away. An experienced attorney could explain your legal alternatives and help you determine the best way to get compensated for your losses.
In general, an individual in New York has three years from the date of the incident to file a lawsuit seeking damages for personal injuries – this timeline is called the statute of limitations. However, some exceptions to the law might require them to file sooner, and some could extend the deadline for action. Always consult with an experienced Brooklyn injury attorney, such as StolzenbergCortelli, LLP, to preserve the right to seek damages in court.
If the person was under 18 when the injury occurred, the clock starts running on their 18th birthday. However, if more than ten years have passed since the accident, the individual cannot bring a lawsuit, regardless of their age.
When a minor suffers an injury due to someone else’s negligence, their parent could file a lawsuit on their behalf. In that case, the statute of limitations will be the timeframe that would exist if the parent had been the injured party.
Many Brooklyn residents suffer injuries due to accidents in subway stations or on city buses, on sidewalks, and in municipal buildings, city hospitals, and government housing projects. Swift action is essential in these cases.
New York General Municipal Law § 50-e requires anyone with a claim against the City, State, or Borough to file a notice of claim within 90 days of the incident that caused the injury. They may file a lawsuit 30 days after filing their notice but no more than one year and 90 days after the accident.
If medical negligence caused the injury, patients have only 30 months from the last treatment to bring a lawsuit against the healthcare provider. If the healthcare provider left a foreign object such as a surgical sponge in the patient’s body, the patient has one year from the date they discovered the object to bring a lawsuit. If the negligence involved a failure to diagnose cancer, the patient has 30 months from the date of last treatment, or from the date when they knew or should have known about the medical error, whichever is later.
In most personal injury cases in Brooklyn, a plaintiff receives economic and non-economic damages. Economic damages are the documentable expenses resulting from the injury, such as medical care, transportation to seek treatment, lost time at work, and incidental expenses. Non-economic damages compensate the injured person for the suffering, inconvenience, and diminished quality of life the accident caused.
In most injury cases, the parties settle the claim before trial. Settlements usually benefit both sides because the claimant receives their compensation sooner, and the defendant has certainty about the cost of the claim instead of leaving it up to a jury. Both sides avoid the significant expense and stress of a trial.
Unlike most states, New York does not place any caps on the damages a person could receive through a personal injury lawsuit. This puts a Brooklyn personal injury attorney from StolzenbergCortelli, LLP in a strong position to negotiate a fair settlement because few defendants are willing to risk a large jury award. If someone died due to an accident, a Brooklyn family could file a wrongful death claim on behalf of their loved one.
If you suffered injuries in an accident and someone else’s negligence was a factor, the law entitles you to recover damages. A Brooklyn personal injury attorney from StolzenbergCortelli, LLP could pursue the responsible parties and ensure you get appropriate compensation for your claim.
There is no reason to delay—the sooner you act, the sooner you receive the compensation you deserve. Reach out to StolzenbergCortelli, LLP today to schedule a consultation.