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 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 personal 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.

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).

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 injury possible.

Contact us and request a free consultation.