As you fight for the monetary compensation that will help you become whole again after a personal injury, you need to work with a team that is ready to fight for you. At Lurie, Ilchert, MacDonnell & Ryan LLP, we offer you the time and dedication that you need. Start your case today by scheduling a free case evaluation with one of our New York City personal injury attorneys. We are available 24/7 so you can count on our firm at all times.

Whatever your case might involve, our team can protect your interests and fight for you. We have a reputation for excellence and a commitment to those we represent. Over the course of our firm’s history, we have recovered more than $500 million in successful verdicts, settlements, and negotiations. Our NYC injury lawyers are fully dedicated to pursuing the full and fair compensation that our clients deserve. With this narrow focus on personal injury law, we can give everything to each case.

Contact us today for the legal guidance you need.

Frequently Asked Questions: Personal Injury Lawsuits

What is the Statute of Limitations for an Injury Lawsuit In New York?

All states have set limits on the amount of time a victim has to file a lawsuit in the civil court system after he or she has suffered some type of injury. This is commonly known as the “statute of limitations.”

In New York, the statute of limitations for most personal injury cases gives a claimant (victim or injured party) three years from the date of the injury to go to court and file a lawsuit against the at-fault party. If a claimant fails to file a civil suit before the three-year time limit, the courts will likely refuse to hear the case at any time in the future, and his or her rights to compensation will be lost for good.

What is the Pure Comparative Negligence Rule?

While many personal injury cases where liability is solely on one party, there are others where each party shares some blame for the accident. When it comes to shared-fault injury cases, New York follows a “pure comparative negligence” rule.

In other words, it means that the amount of compensation you’re entitled to receive will be reduced by an amount that is equal to your percentage of fault for the accident. For instance, let’s say you are in a car accident where the other driver made a turn in front of you without signaling, but you also were driving a few miles over the speed limit. In that case, you might share 15% of the fault for the incident, while the other driver is 85% to blame. Your damages add up to $20,000. So under New York’s pure comparative negligence rule, your compensation will be reduced to $17,000 (or the $20,000 total minus the $3,000 that represents your share of fault).

When Should You Talk to a Lawyer?

Many people choose to hire an attorney after they’ve been involved in a car accident that results in personal injury and monetary losses. However, you can file a personal injury claim against an insurance provider on your own—especially if you suffered only minor injuries and have the time to research the legal claims process on your own.

But perhaps, despite your best efforts to settle your accident insurance claim or personal injury case yourself, at some point in the process you may eventually want or need help from an experienced lawyer due to the severity of your injuries, complications in your claim, or simply because the insurance adjuster refuses to make you a reasonable offer.

The following are common reasons why you may consider consulting with a personal injury attorney:

  • Your claim is too big or too complicated to handle without legal help. Whether it occurs at the beginning of the process or at some point along the way, you may decide that your claim is too much to handle. If your injuries are severe or result in permanent disability, it is worth the cost of an attorney to ensure that you maximize your compensation.
  • The insurance company refuses to cooperate with you. If you are not willing to settle for the initial settlement the insurance provider offers and you believe your claim is worth more money, or if the at-fault party’s insurance adjuster initially denies that their insured was in any way at fault for the accident, you will need an attorney to help you.
  • You need advice on a specific legal rule. In some cases, the outcome of a claim depends on a particular legal rule. For instance, your right to recover insurance from a business entity may depend on whether its employee was acting within the course of his or her job duties. Personal injury law has specific rules about what is and isn’t considered the “course and scope of employment.”

Ready to Help You Recover Your Entitled Compensation Today

Our NYC personal injury attorneys can investigate your accident, assess the evidence, negotiate with insurance carriers, and help you obtain the compensation you deserve. Let us help you make the best recovery from your injury possible. We are available 24/7 and offer our clients representation on a contengency fee bases, meaning we don't get paid unless you recover your claim.

If you suffered a serious injury in an accident caused by another party’s negligence,
contact our New York City accident attorney at Lurie, Ilchert, MacDonnell & Ryan LLP today.

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