How Does a Personal Injury Lawsuit Work In Suffolk County

• 16 Oct 2017
• News

Many people enjoy the slower pace of life in suburban Suffolk County. The proximity of the county to New York City also makes it an ideal dwelling place, but this does not prevent accidents from happening. Accidents can lead to personal injury due to negligence on the part of another party, the actions of an individual or company, malicious intent or product liability. In all these instances, you have the right to file a lawsuit and recover losses and damages due to the accident.

Losses That Can Be Recovered

Some of the losses that can be recovered due to personal injury cases include emotional distress, past and future medical expenses, and losses due to disfigurement or disability. You can also file for past and future lost wages, pain and suffering due to serious injuries, cost of loss or damage to property, and loss due to the loss of a spouse’s income if the spouse was killed or injured. You should track all expenses arising from the personal injury case because this information is crucial for determining the extent of damages in court. Some of the things you can track to help with your case include medical expense and lost wages.

When to File a Lawsuit

According to New York personal injury law, you should file a personal injury lawsuit within three years of the accident. Failure to do so will end up in you not being compensated for the losses incurred. There are however exceptions for certain injuries such as those that occur due to exposure to chemicals. Injuries and damages caused may not be visible at the time of exposure but may arise later on. You can file a lawsuit on such cases after you discover about injuries due to the exposure. Examples of personal injury cases Suffolk County personal injury attorney will tell you about include drunk driving cases, brain injuries, motor vehicle accidents, among many others.

Where to File the Lawsuit

Depending on the amount of losses you are suing for, personal injury lawsuits can be handled at two levels. For losses worth up to $25,000, lawsuits should be filed in the County Court. Cases filed for more than $25,000 should be filed at the local Supreme Court. There are different Suffolk County supreme and county courts that can handle your case.

When One or More Parties are at Fault
Based on New York law, your Suffolk County personal injury attorney can still file a personal injury case even if you are partially liable for the accident that took place. This will be looked at in terms of percentage fault based on comparative negligence ascribed to one’s liability. The damages you will receive in such a case will, therefore, be lower compared to if you were not at fault at all. If you are say 40% at fault, you will be responsible for paying for your portion of fault. If several people are at fault, they will be each responsible for paying their portion of fault. However, if one person is more than 50% at fault, then the other parties can recover their losses from this party in accordance with New York system of joint and several liability. To know more about personal injury lawsuit, get in touch with us!