New York Personal Injury Attorney Blog
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 are the New York Car Accident Reporting Requirements?
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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…
What is considered a “reasonable person” when it comes to negligence?
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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 Must Plaintiffs in NYC Negligence Cases Prove?
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Cases of negligence in New York City rely on a plaintiff’s ability to define, determine, and prove negligence occurred. At first glance, demonstrating that a careless act caused an injury may seem simple, but there are multiple legal standards that must be met before a case of negligence can even be considered. The following must…