Accidents & Injuries

When the dust settles after an accident, an injured party often wonders whether they have any legal rights that may compensate them for medical costs, lost wages or the pain and suffering they have endured.

In New York State, those injured at work may not recover for their pain and suffering unless they can prove that their injuries are the fault of someone other than their employer or a co-employee. Those entities are protected by the Workers’ Compensation Law and they cannot be sued for negligence resulting in personal injury. However, if an accident is caused by the negligence of someone else, not your employer or co-employee, you may have a viable legal claim to recover damages.
New York State Law gives injury victims three years from the date of their accident to file suit. If the defendant is a municipality, the time frame to begin a lawsuit is much shorter and other special rules and regulations will apply.

The laws are filled with special provisions depending on the facts of a particular injury. For example, the Insurance Law requires that motor vehicle accident claimants meet minimum injury requirements in order to recover damages. The Insurance Law defines the term “serious injury.” If a motor vehicle accident claimant’s injuries do not qualify as “serious” under that definition, their lawsuit for personal injury damages will be dismissed.