New York Personal Injury Attorney Blog
What is the 90/180 Day Rule?
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In order for New York car accident victims to file for damages beyond their no-fault benefits, they must prove they have met the serious injury threshold. One of the serious injury categories under the New York No-Fault law, is the catch-all 90/180 day rule. This rule allows victims to pursue a lawsuit when they have…
What is New York’s Serious Injury Threshold?
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Victims of motor vehicle accidents may be surprised to learn that not every resulting injury will warrant a personal injury lawsuit. This is due to New York’s “Serious Injury” threshold. Every individual involved in a car accident can obtain no-fault insurance benefits under the state’s No-Fault Law. However, to sue, the victim must prove their…
What is New York’s Limited “Discovery” Rule?
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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…
What is the Medical Malpractice Statute Of Limitations for Minor Children?
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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…
Can I Seek Compensation for Emotional Distress Caused by a Doctor?
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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…