Victims of personal injuries in the state of New York have exactly three years from the date of their accident or injury to file a lawsuit in Nassau County. This requirement is outlined in State Civil Practice Law Article 2-214-C; it defines the statute of limitations in relation to all injuries excluding medical malpractice. Any victim whose injuries were caused by but not limited to inhalation, direct contact, ingestion, or absorption, should fulfill the legal requirements of a civil lawsuit based on this statute. Accident victims should contact a Personal Injury Attorney in Nassau County NY immediately following an injury to uphold their right to compensation.
The Three-Year Anniversary
Any failure to file a lawsuit prior to the three-year anniversary date of the accident results in a forfeit of all claims for the victim to monetary damages. This date additionally applies to tort-based injuries such as emotional distress due to negligence; it is reduced to a one-year window if the distress was deemed intentional. The statute allows victims to sue for malpractice up to two-years and six months after the conclusion of treatment by the defendant identified in the lawsuit.
Shared Fault in Accidents
Shared fault implies that the victim who filed the lawsuit is at least partially to blame for the accident. This concept relates to the pure-comparative negligence rule which allows the defendant in a lawsuit to file a counter-claim stating that the plaintiff is either also to blame or caused them emotional harm. Tort-based cases result of this rule in which the defendant may claim distress or mental anguish. For example, a doctor who is the defendant in a medical-malpractice lawsuit may counter-claim that the victim caused him or her distress based on the allegations against them.
In personal injury cases where any fault on the plaintiff’s part is established, it reduces the monetary award that he or she could have received. The judge identifies shared fault based on an assigned percentage. It determines, which amounts of monetary damages are awarded to the plaintiff and the defendant. In some cases, the percentage assigned will cancel any form of compensation awarded to either party. Victims who need legal counsel or assistance to understand requirements for their claim should contact a Attorney Mark T. Freeley.
