
When you get hurt in an accident, you often have a right to sue someone if their negligence contributed to your injuries. It’s rarely easy to claim the compensation that you are owed though, which is why we recommend having our Harrison personal injury attorneys help out. They can tell you everything that you need to know about making personal injury claims in NY in 2025.
What is the Statute of Limitations for Personal Injury Claims in NY?
One thing that you need to know about filing personal injury claims in NY is that you do not have unlimited time to file suit. New York gives you three years from the discovery of an injury to pursue damages. That seems generous, but you would be surprised at how quickly the time can pass when you are just trying to recover from injuries and get back to life as usual. We recommend talking to a lawyer as soon as you can.
Can Government Entities Be Defendants in Personal Injury Claims in NY?
Yes, you can sue governments if you get hurt on government property or hit by a driver working for a state or local agency. The process for filing personal injury claims in NY is different when the government is a defendant though.
First, you must submit a notice of claim, informing the government that you plan to sue. You must do this quickly too, because the three-year statute of limitations does not apply here. Instead, you could have as few as 90 days to make your intentions known. This is another good reason to talk to a lawyer right away.
What Kinds of Damages Can I Win in a Personal Injury Case?
When plaintiffs make personal injury claims in NY, they shouldn’t just recover damages to make up for the economic costs of an accident. Your settlement should also make up for the psychological trauma you have experienced. Our lawyers can help you fight for a fair offer that addresses things like:
- Medical expenses
- Lost wages
- Loss of enjoyment
- Mental anguish
- PTSD
- Anxiety
- Any other pain and suffering
Will I Receive Punitive Damages?
Punitive damages are only awarded in cases when a defendant’s behavior is so irresponsible or reprehensible that your potential injury claim needs to do more than compensate you. It needs to punish the defendant and make it clear that their behavior is something that no one else will emulate.
Unlike some other states, New York does not place a cap on the amount of punitive damages you can recover.
What Is a “No-Fault” Insurance System?
New York has a no-fault car insurance system. This means that you do not always have to sue to recover the money needed to pay medical bills or make repairs after an accident. You generally only have to file a lawsuit when you have serious injuries that exceed the limits of your own insurance policy.
Talk to an Experienced Attorney
When you are ready to learn more about your legal options, our attorneys are ready to discuss your case with you. Contact Hausman & Pendzick to schedule an initial consultation. We look forward to telling you more about how we can be of assistance.