What Is Considered Personal Injury In New York?

What Is Considered Personal Injury In New York?

Year after year, over 1.5 million New Yorkers visit an emergency room due to injuries. New York personal injury laws allow injured parties to file a legal claim or lawsuit against those whose negligent, reckless, or intentional acts have caused them harm. Personal injury laws provide a way for accident victims in Manhattan to seek compensation for their financial, physical, and emotional losses. 

Being aware of your rights is important if you are considering filing a personal injury claim or lawsuit. There are time limits to filing a personal injury claim as well as state-specific laws that apply to certain types of cases. 

The Manhattan personal injury attorneys at Cellino Law would be happy to answer any questions you have about your personal injury accident. We can review your case and help you determine whether you have a valid claim for compensationContact us today to schedule a free case consultation. 

The Difference Between a Manhattan Criminal and Civil Case

In the US, two bodies of law designed to punish wrongdoing and provide justice to victims are: criminal and civil law. 

While both criminal and civil legal claims consider violations of people’s rights and assign fault, these two types of cases vary in structure, burden of proof, and penalties. 

Criminal law

Generally, even if harm was done to an individual, criminal cases are considered to be offenses against the state or federal government. Accordingly, these types of cases are prosecuted by the state in criminal court. 

Examples of criminal cases include:

  • Theft
  • Assault
  • Obstruction of justice
  • Drunk driving
  • Possession of a controlled substance
  • Murder

Criminal cases are decided by a judge or a jury. An individual charged with a crime is considered innocent until proven guilty. The prosecution must establish the guilt of the defendant beyond a reasonable doubt. 

The punishment in criminal cases varies. Depending on the severity of the offense and other factors, the punishment may be community supervision, a financial penalty, or incarceration. 

Civil law

Civil cases involve disputes between two parties and protect the private rights of individuals. These types of cases usually begin with one person (the plaintiff) claiming to have been harmed by another person or entity (the defendant). 

Examples of civil cases include: 

  • Breach of contract
  • Divorce 
  • Child custody
  • Defamation of character
  • Personal injury
  • Professional malpractice

The punishment in civil cases is almost always financial compensation. The burden of proof falls on the plaintiff to establish fault based on convincing evidence. 

Civil cases may be resolved between the parties involved with an out-of-court settlement. Otherwise, a court will examine the facts of the cases and make a ruling based on the appropriate laws. 

Is It Possible for a Manhattan Civil and Criminal Case to Overlap?

Yes, some actions involve both civil and criminal matters. For example, an assault can be tried in a criminal court as a violation of federal law and also lead to a civil case if the victim decides to sue for the resulting medical expenses and pain and suffering

Another example would be a drunk driving accident. Individuals caught driving while intoxicated can be charged in criminal court for violating the law and additionally have a civil case filed against them when their actions led to someone else being injured in a car accident

Keep in mind that criminal and civil proceedings apply different standards and can have separate outcomes. Since the burden of proof is higher in a criminal case than a civil case, a conviction may help a plaintiff in his or her civil lawsuit. However, a “not guilty” verdict in a criminal case does not mean a plaintiff will lose in a civil lawsuit. 

Types of Manhattan Personal Injury Cases

Personal injury is a type of civil case where the injured party (plaintiff) files a claim or lawsuit against a person or business (defendant) when the defendant hurt the plaintiff and caused harm – either accidentally or intentionally. 

The following are some common types of personal injury cases filed in Manhattan:

Points to Consider When Filing a Manhattan Personal Injury Case

If you have suffered injuries in an incident caused by someone else’s negligence, it is understandable that you want to pursue compensation for your losses. Unfortunately, even if you are convinced the other party is to blame for your accident, personal injury cases are not always cut and dry. 

A variety of factors and laws could affect your personal injury case. For instance, the following are some points to consider when filing a personal injury case in New York. 

What is the statute of limitations?

In Manhattan and throughout New York State, you have limited time to file a personal injury lawsuit against someone. Generally speaking, your case must be filed within 3 years from the date of your injury. 

It takes time to collect evidence and file all necessary paperwork, so it’s ideal to begin your personal injury case well within the allowed time limit. Failure to file within the statute of limitations can result in your claim being permanently barred and you being left to pay for all damages yourself. 

Who to file a personal injury claim against

You have a legal right to pursue compensation from anyone responsible for harming you. However, it is not always easy to determine who is responsible for an injury. 

As an example, if you are involved in a motor vehicle accident, you could file a claim against the driver of the vehicle who hit you. However, what if the driver was on the job at the time of the collision? In that case, you may also be able to file a claim against the person’s employer. 

What if a defective vehicle part contributed to the accident? You could have grounds to file a lawsuit against the manufacturer or distributor of the part. 

A Manhattan personal injury attorney can help you identify and file a claim against each and every liable party.

What damages to ask for in a settlement

When filing a Manhattan personal injury lawsuit, consider all the losses you have suffered and what damages you could seek. For example, most personal injury victims pursue compensation for medical expenses.

If your injuries have prevented you from returning to work for a period of time, you can also pursue compensation for lost wages. In addition, you may be entitled to non-economic damages such as pain and suffering. 

Personal injury attorneys can help you assess the value of your claim and determine the types of damages you are entitled to recover.

Contact a Manhattan New York Personal Injury Lawyer Today

If you have been harmed in an accident due to someone else’s negligence, you may have the right to pursue compensation by means of a personal injury claim. But you do not have to do this and tackle all the challenges alone.

The personal injury attorneys at our Manhattan office can explain your legal rights, answer any questions you have, and help you through every step of the financial recovery process. Over the past 60 years, we have helped our clients recover over $2 billion in damages. We have the experience and resources needed to make your personal injury case a success. 

Our personal injury lawyers at Cellino Law care about the people we help and work hard to make a difference in their lives. Do not delay to schedule a free consultation with a trusted member of our legal team. Call us at 888-888-8888 or complete the contact form today. 

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