Personal injury cases are legal conflicts that come about when you endure an injury for an accident that you were not responsible for. Cases involving personal injuries intend to recover the compensation necessary for you to properly deal with your injuries.
According to the American Bar Association, all tort claims have two basic concerns—liability and damages. These concerns remain the same regardless of the basis, including:
- Strict liability
Standard Personal Injury Cases
There are many different reasons you may be able to file a personal injury case. The following are some of the most common occurrences that prompt personal injury lawsuits:
- Bicycle accidents
- Car accidents
- Construction accidents
- Dog bite injuries
- Medical malpractice
- Motorcycle accidents
- Nursing home negligence
- Pedestrian accidents
- Product liability
- Slip and falls
- Truck accidents
- Wrongful death
Statute of Limitations
The term “statute of limitations” refers to the amount of time that you’re legally allowed to file a case. After the statute of limitations has passed, you are no longer able to open a case, no matter how severe your injuries may be.
Not all personal injury cases have the same statute of limitations, even in the same state. The following are personal injury statutes of limitations in New York:
- Car accidents - three (3) years
- Medical malpractice - two (2) years and six (6) months
- Negligence - three (3) years
- Slip and fall - three (3) years
- Product liability - three (3) years
- Wrongful death - two (2) years
Bases for Personal Injury Lawsuits
The most common basis for personal injury suits is negligence, although that’s not the only way you can bring about a personal injury case.
You may file a personal injury lawsuit under strict liability, which is a crucial and expanding area of tort law. When you intend to sue someone regarding a defective product, strict liability holds the designer and/or manufacturer responsible. If you intend to use this basis for your claim, you’ll need to prove that the product was produced in a way that made it unreasonably hazardous when you used it as envisioned.
Intentional wrongs are rare, but they are another basis for personal injury cases. For instance, if you are struck by another person, even if it was a joke, you might have a case for battery. If you are unjustly detained for stealing, you might be able to sue for false imprisonment.
If you’ve been injured due to the fault of someone else, you may be entitled to compensation. Our attorneys at The Ahearne Law Firm are highly experienced in this area of the law and have helped many people, just like you. Don’t hesitate to contact our firm with your case right away.
Call the New York lawyers at The Ahearne Law Firm today at (845) 763-4100 to speak with an accomplished attorney about your case.