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All-Inclusive Guide to Filing Your New York Personal Injury Claim

Accidents often happen when we least expect them to. I mean, that is why we call them “accidents,” right? Because of this, we are often unprepared when one does strike, leaving us unsure of the next steps to take. The biggest concern many people have following an accident is the fact that within the blink of an eye, they are left with a pile of medical bills and a lack of funds to continue paying.

When this situation occurs, the best option is to seek out the assistance of an experienced New York personal injury attorney to help you fight for the compensation you deserve, to help you pay your bills, make up for time away from work, and most importantly, heal properly.

Insurance in New York

The first step in the filing of any personal injury case is to understand how the insurance process works. In New York, we use what is known as no-fault insurance. This means that if you are injured in an accident, you are generally reimbursed by your insurer for damages, regardless of who was responsible for the accident.

Because of this, New York requires specific liability insurance coverage minimums:

  • $25,000/$50,000 - Bodily injury per person

  • $50,000/$100,000 - Death

  • $10,000 - Property damage

Determining Fault

You may be worried about filing a lawsuit because you believe you may have been partially at fault for the accident. Rest assured, in New York; there is what’s known as contributory negligence:

“In any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.”

In other words, even if you are partially at fault for the accident causing your injuries, you may be able to recover damages. However, the amount you receive will be adjusted based on the percent at fault you are based on a total of 100 percent.

For example, if you are 30 percent responsible for the accident, and the defendant is 70 percent at fault, you wouldn’t be prohibited from receiving compensation. Instead, you would receive 30 percent less of the total payout. This system makes receiving compensation in New York much more attainable since you are able to recover for situations that may have been denied in other states.

However, this law also makes the process of recovering much more challenging, which is why it’s considered necessary to have an attorney assist you with your case. Call (845) 763-4100 today to schedule your free initial consultation with The Ahearne Law Firm.

Filing Deadline

There is what’s known as the statute of limitations, which is a time period in which you must file your injury claim within. In New York, the statute of limitations for many personal injury cases is three years from the date the accident took place. The only exception to this rule is a few different situations which involve:

  • Underage individuals

  • Legal disabilities

  • The defendant left the state and is gone for four months or more

Types of Compensation

Following an injury, you may be able to receive compensation for many damages through your New York personal injury claim, including:

  • Economic damages - This includes lost wages, property damage, medical costs, cost of housing, future lost wages, and damage to personal property.

  • Non-economic damages - This includes pain and suffering, emotional distress, psychological injuries, and loss of enjoyment of life.

How Ahearne Law Firm Can Help

As you can see, filing a personal injury claim is a quite detailed process with many moving parts. Working with a qualified Hudson Valley personal injury attorney will allow you to pursue the maximum compensation for your case. Our team of experts here at The Ahearne Law Firm has been helping those injured due to no fault of their own seek the compensation they deserve and need, to return to their former life.

Don’t get stuck living a lesser version of your life because of the negligence of another person. Call us today (845) 763-4100 to explain your case over a free consultation, and see how we can help.


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