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How to File a Personal Injury Claim In New York?

(Credit: pixabay) How to File a Personal Injury Claim In New York?
November 30
3:52 PM 2020

Accident victims review personal injury laws in New York before starting a lawsuit. Some legislation prevents the victims from filing a lawsuit until they meet certain conditions. The laws pertain to physical injuries and no defamation of character. These are separate claims that don't relate to criminal acts or negligence. Attorneys help the victims decide if they have a viable claim against the accountable party. Understanding how to file for a personal injury claim in New York shows the claimants what strategies are more effective.

Define the Type of Personal Injury Claim

The type of personal injury claim defines what additional guidelines could apply. For example, workers who are injured on the job cannot start by filing a lawsuit against their employer. The worker's compensation laws require the employer to send the worker to a doctor for a full assessment. The worker's compensation insurance covers workers who are injured on the job. Before the worker can sue, the insurer must deny the worker for worker's compensation benefits first.

This requires the human resources manager to start and process the worker's compensation claim. A claim's adjuster determines if the worker's injuries qualify for replacement wages and continued healthcare coverage. Their decision is final, and the employer must provide all documentation according to the worker's compensation laws. The worker cannot start a claim until they're denied benefits, and their injuries must qualify for coverage according to state and federal laws. If their injuries don't qualify, the worker doesn't have a viable claim. If they do, their injuries define the full benefits for which they are eligible. They can review their right to sue over at Jacoby & Meyers now.

Reviewing the Statute of Limitations

The statute of limitations for the state of New York is three years. This statute applies to all personal injury cases including all motor vehicle accidents, product liabilities, premises liabilities, and construction accidents. The statute starts the date the injuries happened and ends on the third anniversary of the accident. A victim that doesn't take legal action before the statute runs out losses all right to start a lawsuit.

Identify the At-Fault Party

Before starting a lawsuit, the claimant must secure evidence that shows the defendant is accountable for their injuries. For example, in a car accident, the at-fault driver is the defendant. In an 18-wheeler accident, the defendant could be the driver, the trucking company, auto parts manufacturers, or mechanics. The exact reason for the accident defines who is at-fault.

When suing a nursing home for elder injuries, the defendant could be the worker that caused the injuries and an administrator. Under the circumstances, the worker would be liable if they injured the patient directly. The administrator would be liable if they knew the facility was understaffed and didn't try to correct the issue, or they knew the worker was harmful to patients and didn't take immediate action.

Collect Medical Records for the Injuries

Medical records are a normality of all personal injury cases, and the records must show the injuries from the day someone diagnosed them to the current day. With auto accidents, the records must show that the victims sustained the injuries in the auto accident, and the injuries aren't related to a separate event. With the records, the claimant must have a full record of all costs for medical treatment.

Records for an injured worker must show injuries conducive to the accident events. For example, if they were injured in an arc flash, the records show all burns and injuries the worker sustained, and the video footage of the accident substantiates the doctor's findings. The medical files must show how the doctor treated the injuries and how the injuries affect the worker or victim beyond the day of the accident. For workers, the injuries must prevent them from returning to work until they recover, or they must have a permanent disability because of the accident.

Collect Estimates for Property Damage

Comprehensive estimates for property damage show exactly how much it will cost to repair the property. In these cases, the property damage applies to an automobile, residential or commercial property, or a product created by the defendant for the claimant. It's a great idea to get three estimates from a repair shop or a contractor when presenting the details to the court. The costs are included in the personal injury claim along with medical expenses resulting from an accident or criminal act.

Are There Limitations for a Lawsuit?

The state of New York prevents auto accident victims from suing the accountable driver unless their medical costs exceed $50,000. Serious injuries warrant a lawsuit only, and if the victim's costs aren't close to this maximum for auto liability insurance, they cannot sue. Victims that require continued medical services for the injuries beyond $50,000 can sue. If the victim is no longer mentally competent because of the accident, their family can take action for them. The only exception to this ruling is if the at-fault driver committed a crime that caused the accident. The most common auto accident-related crime is DUI or DWI.

Is an Insurance Claim Available?

Insurance claims are filed for car, motorcycle, and truck accidents. Workers who are injured on the job receive worker's compensation through their employer's insurer if the worker qualifies. The victim must determine if they could collect compensation through an insurance claim before starting a lawsuit. The state of New York limits lawsuits when insurance is available. However, the victims must collect the insurance information to file a claim.

Accident victims must follow personal injury laws and exhaust all efforts to collect compensation before starting a personal injury claim. Some defendants may provide a settlement out of court if they are approached by the victim's attorney. Anyone who sustains an injury because of another party's negligence or criminal actions needs an attorney. When starting a claim, the victim must meet all deadlines and statutes of limitations, or they lose their right to sue. Reviewing personal injury laws helps victims define their rights and guide them through a legal claim.

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