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Physical and emotional harm from an accident in New York is a personal injury. Exposure to poisonous substances, medical malpractice, car accidents, defective merchandise or the wrongful death of a family member are all examples of accidents which cause personal injuries in New York. The person who caused the injury in New York must be legally responsible or “at fault.” Generally fault comes from a lack of care – or negligence. A person who should have been reasonably careful, but is not, is negligent and legally responsible. Witnesses, photos, official accident reports, etc. are all evidence of responsibility. Evidence is also required to prove how much you should win. Hospital bills, pay stubs, or receipts are all ways of proving lost wages and costs from your injuries. Under the law, you have a certain amount of time to claim your injury. In New York, you must file with the court within 3 years of the date of the accident. This period of time is known as the Statute of Limitations and all personal injury claims that are older than 3 years can not be tried in court. Other problems you may encounter include insurance companies who won’t pay, hard to find evidence, and multiple injured parties – a “class action.” |
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