PERSONAL INJURY FAQ

1. What does the plaintiff have to prove after filing a personal injury case?

Plaintiff has the burden of proving defendant was negligent. To prove negligence plaintiff has to prove a duty of care was owed by defendant to plaintiff; defendant breached that duty of care; defendant’s breach caused plaintiff’s injuries. What is negligence in a particular case is a question of fact. Each case will depend upon its own circumstances.

2. When does a personal injury lawsuit have to be filed in the State of New York?

An individual has three years from the date of the offending act or negligence to file a lawsuit.

3. How are the legal fees determined in personal injury cases?

New York court rules impose a maximum fee in personal cases of one-third of the recovery.

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