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FAQ on Personal Injury Law in New York February 16, 2018

Central Business District, Rochester
FAQ on Personal Injury Law in New York, Rochester, New York

If you were hurt in an incident that was the direct result of someone else’s recklessness or negligence, you may want to file a lawsuit to collect damages. However, unless you have experience in personal injury law, getting started and negotiating a fair settlement can be overwhelming. Fortunately, a compassionate personal injury attorney will guide you through every stage of the proceedings and answer all of your questions along the way, including the following.

Personal Injury Law FAQ

How Long Do You Have to File a Suit?

In the state of New York, the statute of limitations for personal injury claims is typically three years from the date of the incident. If the damages are the result of medical malpractice, a malpractice attorney will remind clients they have two and a half years to sue the liable health care provider. If the case involves wrongful death, the deadline is two years.

How Long Do You Have to Sue a Government Entity?

personal injury attorneyThe periods mentioned above do not apply to cases in which the defendant is a government entity. For example, if car accident victims want to sue a local municipality for failing to maintain roads, they have a much shorter deadline. In most cases, plaintiffs must file a notice of claim against a government entity within 90 days of the incident, and they must begin the formal suit within 14 months. 

What Kinds of Damages Can You Recover?

Accident victims can typically recover compensation for all the costs associated with treating the injuries they sustained. This might include ambulance fees, hospital bills, medication expenses, and physical therapy costs. They can also recover compensation for indirect costs like lost wages, lost benefits, and loss of earning capacity, as well as for non-economic damages like emotional distress. In cases where the liable party’s actions are considered “quasi-criminal,” punitive damages may apply.

How Do You Build a Strong Claim?

The outcome of any claim ultimately comes down to two elements: liability and damages. You must prove the opposing party was responsible for the incident and that you incurred quantifiable damages as a direct result. A personal injury attorney can help you build a strong claim by interviewing eyewitnesses, reviewing photographs of the scene, collecting pertinent documents like medical records and police reports, gathering footage from dash cams and surveillance cameras, and consulting with expert witnesses like economists, accident reconstruction experts, and medical specialists.


If you sustained injuries in a preventable accident, a personal injury attorney from Lacy Katzen LLP will hold the liable party financially accountable. Based in Rochester, NY, this full-service legal team is comprised of more than 25 attorneys who have considerable experience in various practice areas. To learn more about the unparalleled representation they provide, visit the firm online, or call (585) 454-5650 to schedule a case evaluation today with a personal injury attorney. 

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