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

Accidents happen when we least expect them, and we are often unprepared. In the blink of an eye, an accident victim is left in shock, badly injured, and scared for their health and safety while suddenly facing mounting medical bills.

When this happens, you need the help of an experienced New York personal injury attorney. Immediate treatment and care are critical, and you’ll be amazed at how fast the paperwork, insurance adjuster phone calls, and stress pile up. The right personal injury law firm will help you secure no-fault insurance coverage, identify quality medical facilities, and ultimately, recover losses for all out of pocket medical bills, lost wages and personal injuries.

Insurance in New York

The first step in filing a personal injury case is understanding how the insurance process works. Under New York law, all auto insurance carriers must provide what is known as no-fault insurance. This means that if you are injured in an accident, your insurance is required to provide coverage for your medical bills up to a certain amount. If you require treatment after that cap amount and meet New York Insurance Threshold criteria, assuming the other driver is at fault, then their insurance will be liable for your remaining medical bills, lost wages and injuries.

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

In determining liability (who is at fault), New York applies what is known as contributory negligence, which is to say the Court determines percentages of fault for each driver.

“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 number 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.” (CPLR § 1411 - §1413)

In other words, even if you are partially at fault for the accident causing your injuries, you may be entitled to recover damages for the percent the other driver is at fault. For example, if the total award is $100,000, and you are 20% at fault, you may recover $80,000.

Call (845) 262-4148 today to schedule your free initial consultation with

The Ahearne Law Firm.

Filing Deadline

The New York negligence statute of limitations controls the time period in which you must file your personal injury case or lose your opportunity to do so. In New York, the statute of limitations for a personal injury case is three years from the date the accident occurred.

There are some exceptions to the three-year deadline and so be sure you consult with a knowledgeable attorney. These exceptions may include:

  • Underage or injured children
  • Injuries to those that are legally disabled
  • Injuries caused by a defendant that has left the state 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 bills, cost of housing, future lost wages, and damages to personal property.
  • Non-economic damages - This includes pain and suffering, emotional distress, psychological injuries, loss of consortium and loss of enjoyment of life.

The Ahearne Law Firm Can Help

Filing a personal injury claim is a detailed and complex process and one in which defense insurance companies do not want to cooperate. Personal injury claims are regularly denied and/or defended by liability carriers.

Working with a qualified Hudson Valley personal injury attorney will ensure that you receive the maximum compensation available for your case. Our team of experts at The Ahearne Law Firm helps those injured by these types of accidents, and we do everything we can to help our clients receive their lives. We do not simply settle your case and move on. We work with you beyond your case to ensure your funds are secured and available for years to come and that your future is protected.

Call us today (845) 763-4100. See how we can help you and your family for years to come.

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