Understanding Time Limits and Shared Fault for Injury Cases

Personal injury attorney helping the clientsPersonal injury may take on different forms, car accidents or product defects. In such cases, if one was to file a case, he or she needs to understand New York’s statutes and laws. This will affect the amount of damages one may claim because the time to file may have lapsed or a person may have contributed to their injuries.

Time Limits for Lawsuits in the State of New York

Each state has their limits regarding the time-frame of filing a lawsuit in a civil court. There are different laws on deadlines based on the type of case a complainant wants to file. In New York, the statutes of limitations cite that claimants of personal injury cases have three years from the date of injuries to file a lawsuit at a court and make claims on responsible parties.

If one fails to get their case to court before the window closes, they may never get another chance to do so. A person may then lose their rights to any form of compensation. This statute applies to most laws, but not to all of them; different rules apply for medical malpractice cases. A personal injury lawyer from Brooklyn NY such as bernllp.com can help one determine their course of action in such situations.

Laws on Shared Fault

In some cases, the party or parties one is suing may make the counterargument that the complainant is partially at fault. If a court rules that the complainant has some degree of fault, he or she may get a lower or no compensation at all.

In a case of shared fault, New York adheres to ‘pure comparative negligence’. To put it simply, this means that the amount of damages and compensation one gets is proportionate to their percentage of fault in the injuries one incurs.

These are the basics of time limits and shared fault when it comes to personal injuries in New York. Understanding these concepts allow one to take the necessary legal steps for their case.