When a person has suffered a personal injury, he or she is in a position to file a lawsuit against the offending party. Depending upon the state or commonwealth in which the injury occurs, the suffering party will have a certain amount of time to file this lawsuit. This time is called the statute of limitations. A personal injury attorney in Carmel, NY has helped many clients to recover damages from personal injuries. If you have been injured as such in New York, there are things you need to be aware of in the state.
The statute of limitations is three years in New York. The injured party has three years to file the lawsuit in the appropriate New York court. After that, the chances of recovering anything are very slim. During this time frame, the party filing the lawsuit needs to be aware of other elements that will affect what he or she will be able to recover, if anything. The first thing is to be aware of the shared fault rule. This rule states that if the injured party is found to be partially at fault for what happened, the number of damages that could be received will be reduced by that percentage.
Other things to consider are the no-fault rule where automobile accidents are concerned and an owner’s liability for injury due to pet or another animal. In cases of injury by an automobile accident, the injured party is required to collect from his or her own insurance carrier, no matter who is responsible for the accident. In the case of injury by a pet, if the injured party can show proof that the owner should have known that his or her pet was dangerous, the owner will be held liable.
Spain and Spain Law have been offering personal injury solutions for clients in the Carmel, New York, area for over 50 years. Attorney at the firm can be reached around the clock by phone. Their main areas of expertise are personal injury, real estate, and criminal defense. If you need a personal injury attorney in Carmel NY, click here.
