If you or a member of your family has been seriously injured in an accident in New York that was caused by someone else's negligence, chances are that you are confused, frustrated, and scared. Those in need of a New York personal injury lawyer generally have a lot of questions, most of which can only be answered by a qualified, experienced attorney. Below you will find answers to some of the most frequently asked questions about New York personal injury law; however, you will want to consult with a personal injury lawyer in order to have your specific questions and issues addressed.

What is a statute of limitations?

A statute of limitations is a time limit within which a person must file a personal injury claim or else permanently forfeit the right to do so. In New York, the statute of limitations on personal injury cases is three years from the date an injury should have been discovered. Personal injury cases include medical malpractice, car accident, truck accident, motorcycle accident, premises liability, product liability, and drunk driving accident lawsuits. In wrongful death cases, the statute of limitations is two years from the date of death.

Is there a limit on medical malpractice damages in New York?

There is no cap on the amount of damages a plaintiff can recover in a medical malpractice case in New York. A personal injury lawyer, however, is limited in the percentage of the settlement or jury award he or she can collect in a medical malpractice case; this limit depends on the overall amount of compensation awarded.

What is New York automobile "no-fault" law?

New York is a "no-fault" insurance state. This law was enacted to protect good drivers who are injured in legitimate auto accidents, allowing them to collect compensation from their insurance companies regardless of whose fault the accident was. This law, however, does present some difficulties when it comes to filing auto accident lawsuits. It is important that victims of auto accidents hire a New York personal injury lawyer who is intimately familiar with the state's no-fault insurance laws.