Like all states, New York has its own laws and guidelines pertaining to the filing of personal injury lawsuits. For those not used to the intricacies and complexities of the law, these rules can be more than a little overwhelming. Below, the attorneys at Neimark & Neimark in New City, NY, discuss some important things to know about the Empire State's laws regarding personal injury matters.

Statute of Limitations

Statute of limitations is a legal term that denotes how long a plaintiff has to file a valid legal case in a court of law. In New York, an injured party is given three years from the date of the accident to file a lawsuit against the person or persons responsible. But, as with any rule, there are sometimes allowable exceptions; an example might be an instance where an injury was not apparently evident, such as the case of someone exposed to a dangerous chemical that caused them to develop a serious illness over a longer span of time.

Determining Fault

Establishing who was at fault is at the crux of any personal injury claim. New York follows a rule of pure comparative negligence. This is another way of saying that if you in any way contributed to the accident in question, the compensation awarded will be on par with how much you are at fault. Remember: fault is often not a black or white issue; there are many gray areas in between, and when a plaintiff bears at least some responsibility for the incident, the compensation they are given will reflect that liability.

Car Accidents

Motor vehicle accidents make up the majority of personal injury claims filed in the United States. New York is a no-fault state, which means that an auto accident victim must file a claim with their own insurer, no matter who caused the crash. Only in cases of severe injury can this rule possibly be waived, in which case it's best to consult a car accident attorney.

The lawyers at Neimark & Neimark are here to help you understand New York State law as it applies to your personal injury matter. They have more than four decades of experience fighting for clients like you. Call (888) 725-7424, visit them online, or send them a message on Facebook or Twitter to set up a free consultation today.