In a bustling metropolis like New York, accidents can happen anywhere, at any time. When these accidents do happen, victims are often left with severe, life-threatening injuries that cause a lot of pain and suffering as well as contribute to mounting medical bills and lost wages. While insurance can cover some of the cost, more often than not it is not enough, and it is precisely in these circumstances that victims choose to file a personal injury lawsuit with the help of a personal injury law firm in NYC.
Given the numerous types of injuries suffered and the parties that may be responsible, there are different types of lawsuits that claimants can file. In this blog, we’ll be talking about the most common types of personal injury lawsuits we see in New York.
What Elements Do You Need to Prove?
In New York, if you’re looking to bring a personal injury lawsuit against those responsible, the plaintiff has the burden of proof in proving all of the essential elements mentioned below:
- The defendant owed a duty of care to the plaintiff;
- The defendant’s act or omission was in breach of said duty of care;
- The failure to uphold the duty of care caused the plaintiff injuries; and
- The plaintiff suffered damages as a result.
Types of Personal Injury Cases
Motor Vehicle Collisions
New York consistently ranks high on the list of cities with the worst traffic in the world. Therefore, it comes as no surprise that it also has a very high rate of motor vehicle collisions. As a car accident lawyer in NYC, we can say that most of our cases involve car, bus, motorcycle, truck, and pedestrian accident cases, making motor vehicle collision-related lawsuits the most numerous type of personal injury lawsuits in New York.
Although motor vehicle accidents are typically covered under New York’s “no-fault” insurance, individuals may file lawsuits in cases where the injuries sustained during the accident meet certain legal thresholds outlined in New York law (e.g., serious injury threshold).
Construction Accidents
Construction sites are inherently dangerous work environments, with many of the injuries that form the basis of personal injury lawsuits being caused by what OSHA calls the “Fatal Four”—fall”s, struck by objects, caught-in-between, and electrocutions.
Slip and Fall Accidents
In New York, property owners have a legal duty to maintain their properties free from hazards and to adequately warn visitors about any potential hazards within the premises. As such, slip and fall accident lawsuits, also known as premises liability lawsuits, are those that are brought against property owners who fail to fulfill their legal duty.
Medical Malpractice
Medical malpractice lawsuits can be brought against ambulance services, hospitals, doctors, and other medical professionals when they cause an injury to a patient by failing to meet the expected professional standard of care. Errors in medication, surgical errors, and misdiagnosis are some of the actions that can bring about medical malpractice lawsuits.
Product Liability
Product liability lawsuits are brought against manufacturers, distributors, and even retailers when a defective or dangerous product causes injuries to an individual. In the past, we’ve seen a number of product categories affected by product liability lawsuits, ranging from pharmaceutical drugs, motor vehicles, children’s toys, and household appliances.
Wrongful Death
When an individual is killed as a result of someone else’s negligence, the executor of the estate of the deceased individual can file a wrongful death lawsuit on behalf of the surviving family members of the deceased.
The Statute of Limitations
All personal injury lawsuits must be filed within a prescribed time determined by the statute of limitations. Failure to file within the prescribed time means that you will lose your right to file a lawsuit, regardless of the merit of your case.
For most personal injury matters, a lawsuit must be filed within three years of the date of the accident. In wrongful death cases, an executor will have to file a suit within two years from the date of the deceased’s death.
In medical malpractice cases, the claimant has two years and six months from the date of the act or omission or from the last treatment if the injuries required continuous treatments. This time frame in medical malpractice cases will change in the following situations:
- Cancer Misdiagnosis—within two years from the date the misdiagnosis was first discovered.
- Foreign objects left in the body after a medical procedure—one year from the date the foreign object was discovered or from the date you discovered a fact that would allow a reasonable person to discover the foreign object, whichever is earlier.
Taking action against government agencies also falls under the statute of limitations. In these cases, you must first file a notice of claims within 90 days of the accident. Afterward, you will have one year and ninety days to file your lawsuit.
Conclusion
If you or your loved one has been injured by one of New York’s many hazards, there is a chance that you might be entitled to compensation, particularly if your injury was the result of someone else’s negligence or recklessness. While you may be entitled to compensation, claiming said compensation is an entirely different matter, and you will no doubt find yourself in need of the skill, knowledge, and experience that only an accident injury attorney in Queens can bring to the table. Do not delay when it comes to seeking legal advice.
