If you’ve been injured as a result of another person’s negligence, you may have medical bills mounting as you recover from your injury. A Brooklyn personal injury lawyer can help you receive a settlement for your injuries. It can also be helpful to understand your rights in a personal injury case.
The Right to File and Statutes of Limitations
You have the right to file a claim against a person or business that is responsible for your injury. You can file a claim against their insurance, but you can also file a lawsuit if the insurance company denies the claim or the amount isn’t enough to cover your expenses.
Most types of personal injury situations come with a statute of limitations, which means how long after the incident you are allowed to file. In New York, most personal injury claims must be filed within three years. When you meet with the legal team on your case, they will explain the deadline for your case specifically.
The Right to File for Shared Fault
Sometimes, both you and the other party are partially responsible for the accident. If the other party denies your claim because they believe you share fault in the incident, you are still entitled to partial compensation.
In New York, these cases use a pure comparative negligence rule. In practical terms, this means that if you are 25 percent responsible for the incident, the amount of your claim is reduced by 25 percent.
The Right to File a Claim in a No-Fault State
New York is a no-fault state for car accidents. What this means for you is that when you’re involved in a car accident, you look to your insurance company for payment of your bills instead of the other driver, even if they were at fault.
An exception to this rule is if you suffer significant injuries from the accident. The court will determine if your case qualifies as a serious injury, which negates the no-fault status. A serious injury usually includes permanent limitations or a significant limitation for a period of time. Significant disfigurement meets the requirements of a serious injury as well.
You Have the Right to a Brooklyn Personal Injury Lawyer
If you’re considering filing a lawsuit or just want to know your options, you have the right to hire an attorney to represent you. Many provide a free consultation with no obligation. You can use this meeting to learn more about your options. Find out what you can expect if you pursue the claim.
In this consultation, the attorney will ask for details of your case. Once they have the necessary information, they will advise you on whether you have a case and what your next step should be.
If you want to hold the other party responsible for your injuries and receive compensation for your injuries and for pain and suffering, you can schedule a free consultation with a local personal injury lawyer.