New York Personal Injury Attorney

These statutes outline the legal framework governing negligence cases in New York.

• CPLR § 214– Statute of Limitations: Personal injury cases must be filed within three years from the date of injury.
• General Obligations Law § 5-326– Prohibits the enforcement of liability waivers for places of amusement or recreational facilities when it involves negligence.
• Labor Law § 200– Establishes the general duty of property owners and contractors to maintain safe working conditions.
• Labor Law § 240 (Scaffold Law)– Requires strict liability for employers and owners when workers fall from heights.
• Vehicle and Traffic Law § 388– Holds vehicle owners liable for injuries caused by negligent drivers operating their vehicle.

When pursuing a negligence-based personal injury case in New York, plaintiffs can seek compensation for the following types of damages:

1. Economic Damages (Special Damages):
   • Medical Expenses: Covers both past and future costs, including surgeries, therapy, rehabilitation, and prescriptions.
   • Lost Wages: Compensation for earnings lost due to time off work for recovery.
   • Loss of Earning Capacity: Compensation if the plaintiff’s ability to earn future income is permanently diminished due to injury.
   • Property Damage: Reimbursement for repair or replacement of personal property damaged during the incident (e.g., vehicle repairs).
2. Non-Economic Damages (General Damages):
   • Pain and Suffering: Compensation for physical and emotional distress caused by the injury, including chronic pain or loss of enjoyment of life.
   • Emotional Distress: Recovery for the psychological impact of the injury, such as anxiety, PTSD, or depression.
   • Loss of Consortium: Compensation to family members if the injury affects their relationship with the plaintiff (e.g., loss of companionship or support).
3. Punitive Damages:
   • Awarded in rare cases where the defendant’s conduct was particularly reckless, malicious, or willful. These damages are intended to punish the defendant and deter similar conduct in the future.

Plaintiffs seeking damages in a negligence case can employ these key legal strategies to strengthen their case:

1. Proving Negligence (Duty, Breach, Causation, Damages):
   • Establish that the defendant had a duty of care, breached that duty through their actions or omissions, and that the breach directly caused the plaintiff’s injuries.
2. Collecting and Preserving Evidence:
   • Documentation: Medical records, accident reports, and photographs of the scene.
   • Witness Statements: Securing statements from bystanders, co-workers, or experts.
   • Expert Testimony: Using professionals, such as doctors and engineers, to validate the extent of the injuries or demonstrate how the defendant’s negligence contributed to the incident.
3. Demonstrating Long-Term Impact:
   • Show how the injury affects daily life, employment, and relationships to strengthen claims for pain and suffering, emotional distress, and lost earning capacity.
4. Overcoming Defenses (Anticipating and Rebutting Arguments):
   • Comparative Negligence: If the defense argues the plaintiff was partially responsible, present evidence that the defendant’s share of fault outweighs any alleged contribution.
   • Assumption of Risk: Argue that the plaintiff was not made aware of or did not voluntarily accept the risks involved.
   • Unenforceable Waivers: Challenge the validity of any liability waivers by citing GOL § 5-326 for recreational facilities or other situations.
5. Maximizing Settlement Value:
   • Carefully evaluate settlement offers by comparing them to projected trial outcomes, ensuring the settlement accounts for both current and future expenses and hardships.