Civil litigation between private parties is a unique area of legal practice. Every citizen has rights that which the law protects. Every citizen also has responsibilities that which must be followed according to the letter of the law. If you or a loved one has been harmed, you may have a valid legal basis to receive court ordered compensation from the offending parties.
The experienced personal injury attorney practicing law in the Hudson Valley regions of New York is astute in knowing substantive law and procedural law. Substantive law refers to those laws that define ones rights and responsibilities.
Understanding substantive law is sometimes the easy part for most people to understand. Procedural law on the other hand, can be much more complex and confusing. Procedural law instructs people on how to properly commence litigation against a defendant. It also instructs attorneys on how to properly move through the many steps of bringing a case from start to conclusion.
Perhaps the most important rules for most plaintiffs to understand are those that which relate to time limits for suing a defendant. In New York, these time limits are called statutes of limitations. The New York State Legislature has enacted laws that say how long the plaintiff has to sue a wrongdoer after the bad deed was committed. Those rules are located in the New York Civil Practice Laws and Rules (CPLR) code books.
There is no one set time period for all possible bad deeds; so the time period will vary depending on the type of harm that which was done. Let’s hone in on personal injury victims.
According to CPLR Section 214, these plaintiffs have three years to sue the person that caused them harm. The clock starts to tick right at the moment the bad deed was committed. If a plaintiff misses this timeline, the defendant’s attorney will most assuredly ask the court to dismiss the case as being barred by the statute of limitations.
Another important rule that New York plaintiffs should know relates to whether or not a plaintiff can receive compensation if the plaintiff shares some of the fault for his/her injury. New York is different from many other states in that the plaintiff can still collect compensation even if partially at fault for the accident and injury. It is called comparative negligence. The court and or jury will hear the case and determine fault. A determination will be made as to how much each party is responsible for the accident; it will be in terms of a percentage. So long as the plaintiff is less than 100% at fault, the plaintiff can collect something.
The jury will determine the award and if the plaintiff is 10% responsible for the accident, then he/she will only receive 90% of the compensation awarded.
Other important New York Laws and rules that should be discussed with you attorney are:
· Procedural Issues when Suing the Government
he attorneys at Greenberg and Greenberg handle personal injury cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County. Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents. Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.