New York Personal Injury Attorney Blog
What is the 90/180 Day Rule?
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?
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?
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 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…
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…