Suing For Injuries FAQs
Frequently Asked Questions About Suing For Injuries
If you have suffered a serious injury due to the negligence of a person or business, you likely have many questions about your legal rights. At Edelman & Edelman, P.C., our attorneys have the knowledge and insight to answer all of your questions. We have decades of experience and a proven record of success handling complex personal injury claims for people in New York City and throughout the surrounding region.
Can I Sue My Landlord For Injuries?
If you were injured in the building or outside on the landlord’s property, you can sue for injuries resulting from the landlord’s negligence. Generally, the landlord must have created the hazard or have known about it, but not taken adequate steps to remedy the situation. Injuries caused by landlord negligence take many forms, including falls caused by defective staircases, injuries caused by lead paint exposure, injuries caused by toxic fume inhalation, and injuries caused by defective locks and inadequate security.
Who Can I Sue For A Wrongful Death?
If you have lost a loved one due to carelessness, negligence and wrongdoing, all liable parties, even ones who only partially contributed to the fatal injury, can be held accountable for your losses. The lawsuit must be brought by the personal representative of the decedent’s estate, but damages may be awarded to family members.
Can I Sue Uber For A Car Accident?
If your accident was the result of negligence on the part of an Uber driver, you may sue Uber (or another ridesharing service) for damages. Once the driver accepts the ride requests, Uber insurance coverage goes into effect. If someone else, such as the driver of another vehicle, is responsible for the accident, then the insurance policy of that driver will also come into play.
What To Know About Personal Injuries And Claims
At Edelman & Edelman, P.C., our attorneys want to help you understand your legal options and be informed about your rights. Here are the answers to some of the most important questions our clients have:
How long do I have to file a personal injury lawsuit?
In New York, the statute of limitations for personal injury lawsuits is generally three years from the date of injury. In New Jersey, the statute of limitations on a claim is typically just two years.
That being said, there are exceptions to the rules that can either shorten or extend the time limit you have to file a claim. To avoid having your claim dismissed because it is “time-barred,” it is wisest to seek an experienced personal injury attorney’s assistance as soon as you think you have a claim.
How do I file a personal injury lawsuit?
Typically, claims start with a demand letter to the at-fault party’s insurance company, outlining the complaint and the requested compensation. The negotiation process starts from there. Many claims will be resolved that way before an actual lawsuit is filed. When resolution through settlement becomes unlikely or the statute of limitations draws near, the formal claim can be filed with the clerk of courts in the appropriate jurisdiction.
Can I still receive compensation if I’m partially at fault for my injuries?
The short answer to this question is: Yes, you can still receive compensation, even if you are partially at fault.” The long answer is more complicated.
New York, which is a pure comparative negligence state, allows you to recover damages even if you are 99% at fault for your own accident. New Jersey, which follows a modified comparative negligence rule, only allows you to recover damages if you are 50% or less at fault.
In both states, however, your compensation will be reduced according to your degree of fault, so partial liability can drastically affect the money you receive. This is why it is so critical to have an attorney’s guidance and protection throughout the claims process.
Get In Touch With A Lawyer Who Can Answer Your Questions
For informed answers about lawsuits in New York, contact our personal injury attorneys today online or by telephone at 212-235-1197.
