Archive for January 2020
What is New York’s Limited “Discovery” Rule?
The state of New York has implemented a limited “discovery” rule that can toll the statute of limitations when it comes to certain medical malpractice claims. “Tolling,” means delaying or freezing the typical two-and-a-half years given to victims to pursue a medical malpractice lawsuit. The majority of states impose a “discovery rule” in many instances…Read More
What is the Medical Malpractice Statute Of Limitations for Minor Children?
New York state law specifically extends the time to bring a medical malpractice lawsuit for a minor child. Medical malpractice claims in New York must typically be filed within two and a half years of the day the injury occurred. However, there is an exception to that general rule, allowing the statute of limitations for…Read More
Can I Seek Compensation for Emotional Distress Caused by a Doctor?
Emotional distress caused by a doctor’s intentional or negligent act, can at times be worse than a physical injury. In some cases, victims may be entitled to compensation. However, because emotional distress on its own is not easily quantified and cannot be seen, it is often much more difficult to obtain a recovery than it…Read More
What are the New York Car Accident Reporting Requirements?
After a car accident in New York, there are several reporting requirements to follow in order to protect your right to compensation. Not all collisions must be reported at the time they occur, but even so, filing an accident report is to your benefit. New York State Reporting Requirements The New York State Vehicle and…Read More
What is considered a “reasonable person” when it comes to negligence?
Before a party can be held accountable for an injury caused by negligence, it must be determined whether the defendant acted as a “reasonable person” would have in a similar situation. Negligence is present if there is a failure to behave with the degree of care that a reasonably prudent person would exercise. Therefore, the…Read More