Filing Personal Injury Claims in New York

Every year, an average of 823 per 100,000 New Yorkers end up in the hospital because of physical injuries. Those who got injured due to the negligence or shortcomings of the people who are responsible for ensuring their safety are entitled to financial compensation.

There’s usually a lot of work to be done when putting together a personal injury claim, especially if there’s a huge possibility that your claim will be brought to court. In addition, you’ll also need the services of experienced process servers for personal injury claims in NYC.

Below are the key details that you need to know about personal injury claims in New York.

Statute of Limitations

Personal injury claims and lawsuits fall under civil tort law. This allows victims to recover damages and compensation against the individuals who caused their physical injuries and damaged properties. New York law states, however, that personal injury claims are bound by a time-frame beyond which victims will no longer be entitled to financial compensation.

The general statute of limitations for personal injury claims in New York is three years since the day of the accident that caused the injury. This applies to most types of injuries, whether due to negligence or done with intent. Examples are injuries related to:

  • Car accidents
  • Slip and fall
  • Product liability
  • Other acts of negligence that result in physical injury
  • Other acts of negligence that inflict emotional distress

Personal injuries due to medical malpractice is a different case. The general time limit for medical malpractice claims is two years and six months since the incident in question.

For claims related to possible malpractice in a treatment program, victims also have two years and six months since their last treatment session to file a claim.

The New York State imposes different statutes of limitations for other types of medical malpractices:

  • Wrongful death – two years
  • Cancer misdiagnosis – two years
  • Leaving a foreign object in a surgical patient’s body – one year
  • Medical malpractice done on minors – three years after they turn 18 years old
  • Medical malpractice done on an insane person – two years and six months after the patient’s insanity is cured

The law also puts an additional 10-year time-limit on claims for medical malpractice on minors and the clinically insane, as well as foreign objects left in the body.

Collateral Source Rule

a lawyer

New York also enforces the collateral source rule in its personal injury law. This rule states that regardless of how much you receive in compensation from third-party sources (e.g., your insurance policy, worker’s compensation, Social Security) who are not responsible for your injuries, you’re still entitled to the full value of the damages and compensation you deserve.

The collateral source rule exists to prevent the negligent parties from reducing the amount they will pay to the injured individuals.

Process Service for Personal Injury Claims

After personal injury attorneys put together and submit personal injury claims to the New York County Clerk, the next step is to provide a copy of the complaint to the people responsible for the victims’ injuries. This is done through process service.

Professional process servers who are licensed to serve legal documents in New York are the best people for this job. Although you can ask any third-party individual to deliver legal papers to a defendant, this is something we strongly advise against. Mistakes in the service of process can cause technical snags in a personal injury lawsuit, which in turn can delay the legal process, or worse, dismiss your case. Avoid them at all costs and trust only professional process servers.

Hire Process Servers for Personal Injury Lawsuits at Serve Index

Serve Index LLC’s process servers are exceptional at finding and serving defendants who live in New York. They have extensive knowledge of the city’s lesser-known streets and neighborhoods and know exactly how to carry out a flawless service.

You can count on our process servers’ assistance as you file personal injury claims and lawsuits. Contact us now for a consultation.

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