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.