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Understanding New York’s Personal Injury Laws: What You Should Know

When you’re injured due to someone else’s negligence, understanding your legal rights is crucial. New York’s personal injury laws govern how victims can seek compensation for medical bills, lost wages, pain, and suffering. However, navigating these laws can be complex.

If you or a loved one has suffered a personal injury in New York, Ira Pintel, a seasoned personal injury lawyer, is here to help. With years of experience in personal injury cases, he ensures victims receive the justice and compensation they deserve.

Best Personal Injury Lawyer in New York

In this guide, we will break down the key personal injury laws in New York, including comparative negligence, the statute of limitations, and your rights as an injured party.


1. What is Personal Injury Law in New York?

Personal injury law in New York allows individuals to seek compensation when they are harmed due to someone else’s negligence, recklessness, or intentional misconduct. Common personal injury cases include:

  • Car accidents
  • Slip and fall incidents
  • Medical malpractice
  • Workplace injuries
  • Defective products
  • Dog bites

If you’re injured, the burden of proof is on you to show that another party was responsible. That’s why having a skilled New York personal injury attorney like Ira Pintel can make all the difference in securing the compensation you deserve.


2. New York’s Comparative Negligence Law: How It Affects Your Case

New York follows a pure comparative negligence rule (CPLR § 1411). This means:

✅ Even if you are partially at fault for your injury, you can still recover damages.
✅ Your compensation will be reduced by the percentage of fault assigned to you.

For example, if you are awarded $100,000 in a car accident case but found 30% at fault, you will receive $70,000 instead of the full amount.

📌 Why This Matters: Insurance companies often try to shift blame to reduce payouts. Having an experienced personal injury lawyer can help fight these tactics and maximize your compensation.


3. New York’s Statute of Limitations for Personal Injury Cases

A statute of limitations is the legal deadline for filing a lawsuit. In New York, the time limits are:

  • Personal Injury: 3 years from the date of injury (CPLR § 214)
  • Medical Malpractice: 2 years and 6 months from the date of malpractice (CPLR § 214-a)
  • Wrongful Death: 2 years from the date of death (EPTL § 5-4.1)
  • Claims Against Government Entities: 90 days to file a notice of claim (GML § 50-e)

📌 Why This Matters: If you miss the deadline, you lose the right to seek compensation. That’s why it’s crucial to consult with a personal injury attorney immediately after an accident.


4. Types of Compensation You Can Claim in a New York Personal Injury Case

If you’re injured due to someone else’s negligence, you may be entitled to various types of compensation:

Medical Expenses – Hospital bills, medication, therapy, and future medical costs
Lost Wages – Compensation for missed work and lost earning capacity
Pain and Suffering – Compensation for emotional distress and physical pain
Property Damage – Repairs or replacement of damaged property
Wrongful Death Damages – Compensation for funeral costs and loss of companionship

📌 Why This Matters: Insurance companies often lowball settlement offers. An experienced New York personal injury lawyer ensures you get the full compensation you deserve.


5. What to Do After an Injury in New York?

If you are injured, take the following steps to protect your legal rights:

Step 1: Seek Medical Attention – Your health comes first, and medical records serve as evidence.
Step 2: Document Everything – Take pictures, collect witness information, and note details of the accident.
Step 3: Avoid Talking to Insurance Companies – They may use your words against you.
Step 4: Contact a Personal Injury Lawyer – A skilled attorney, like Ira Pintel, can handle negotiations and build a strong case for you.


6. Why Hire a Personal Injury Lawyer Like Ira Pintel?

Many people wonder: “Do I really need a lawyer for my personal injury case?” The answer is yes, and here’s why:

Maximized Compensation: Insurance companies lowball victims—a lawyer ensures fair compensation.
Legal Expertise: Navigating New York’s personal injury laws is complicated without legal guidance.
No Upfront Fees: Most personal injury lawyers (including Ira Pintel) work on a contingency basis—meaning you pay nothing unless you win.
Proven Results: A skilled lawyer gathers evidence, negotiates settlements, and fights in court if needed.

📌 Why This Matters: Handling your case alone can lead to costly mistakes. Hiring an experienced personal injury attorney gives you the best chance at winning your case.


Frequently Asked Questions (FAQs)

1. How long do I have to file a personal injury claim in New York?

In most cases, you have 3 years from the date of injury. However, medical malpractice and wrongful death claims have shorter deadlines.

2. How much does a personal injury lawyer cost?

Most New York personal injury lawyers, including Ira Pintel, work on a contingency fee basis, meaning you only pay if you win.

3. What if I was partially at fault for the accident?

You can still recover compensation under New York’s comparative negligence law, but your payout will be reduced by your percentage of fault.

4. How much compensation can I receive for my case?

The amount varies based on injury severity, medical costs, lost wages, and pain & suffering. A lawyer can help estimate your potential compensation.

5. Should I accept the insurance company’s first settlement offer?

No! Insurance companies often offer less than what you deserve. Always consult a personal injury lawyer before accepting any settlement.


Get the Legal Help You Need – Contact Ira Pintel Today!

If you or a loved one has suffered a personal injury in New York, don’t wait to seek legal help. Ira Pintel has years of experience fighting for the rights of injury victims, ensuring they get the compensation they deserve.

📞 Call: +1 (917) 941 – 4094
📧 Email: Ira@irapintel.com

Schedule a free consultation today and let Ira Pintel fight for your rights! 🚀

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