January 26, 2023
Personal Injury Laws in New York, New Jersey, and Florida
Whether you have a personal injury claim in New York, New Jersey, or Florida, you need to show negligence and must file a claim within a certain amount of time. To file a claim, you need to understand the state law where the claim is being filed. Each state has established guidelines for submitting a claim and filing lawsuits that involve personal injury.
Personal injury can include negligence related to car accidents, medical malpractice, construction incidents, slip-and-falls, and dog bites,
Proving Negligence in a Personal Injury Claim
To prove negligence, you must show that the defendant had a legal duty, that he or she breached this duty which resulted in your suffering an injury, and that the proof of this breach led to you being injured.
Your Rights for Filing a Personal Injury Lawsuit in New Jersey
You have two years to file a personal injury lawsuit in New Jersey, starting from the date of the accident. If your accident involved a municipal, county, or state agency, your timeframe to file a claim could be as short as ninety days. You’ll need to file a claim within this time period to receive compensation for economic and non-economic damages.
Economic damages include medical expenses and the cost of rehab, while non-economic compensation covers pain and suffering. You can refer to the law’s statute of limitations in the revised statutes section 2A:14-2 for filing a suit against a private entity.
A No-Fault Auto Insurance State
Also, keep in mind that New Jersey is a no-fault insurance car state. Therefore, you must first refer to your insurance company to obtain compensation for medical bills and the related costs involving your accident. Unless you were severely injured, you’ll need to file this insurance claim to receive compensation.
Filing a Personal Injury Lawsuit in New York
The time limit to file a personal injury lawsuit in New York is three years. If your claim involves a public entity, the timeframe to file a claim could be as short as ninety days. After that time, you can’t receive compensation if you believe another party is responsible for causing your injuries. The state follows a “pure comparative negligence” rule. Therefore, the amount of compensation you receive is reduced by the percentage of your fault in an accident.
For instance, if you’re driving a bit too fast, but the other party made a sudden left turn, which led to a crash, you might be deemed to be 10% at fault for the mishap. If your damages add up to $10,000, you’ll receive $10,000 minus (10%) $1,000 = $9,000.
No-Fault Auto Insurance
Like New Jersey, New York is also a no-fault auto insurance state. Therefore, your ability to file a personal injury lawsuit might be limited. That’s because you initially must turn to your insurance company to receive compensation for your medical bills and related economic losses. It does not matter who caused the wreck. If you’re a passenger, you need to refer to the no-fault coverage of the driver whose car you were in at the time of the crash.
If you were seriously injured–received fractures, permanent impairment, or was significantly disabled for at least 90 days–you can file a lawsuit against the other party and also receive non-economic damages (pain and suffering). This is something you can’t do when filing an insurance claim.
Filing a Personal Injury Lawsuit in Florida
In Florida, you have four years to file a personal injury claim that is based on negligence. Therefore, if you’re involved in an auto accident or wish to file a wrongful death claim, you have four years from the date of the accident to pursue the action.
A civil injury case, such as a workers’ comp accident, medical malpractice, or assault and battery, carries a two-year statute of limitations. With respect to malpractice, the state has also codified the two-year statute of limitations with a four-year statute of repose and a seven-year cap for cases that involve concealment, fraud, or intentional misrepresentation. You may refer to the Florida Statutes section 95.11(3)(a) for the limitations on filing a lawsuit.
With various deadlines involved, it is important to consult with an experienced personal injury attorney to make sure you’re meeting the filing requirements for your particular case. The sooner you take action, the better.
Like New York, Florida also follows a pure comparative negligence rule. Therefore, what you can recover in damages is reduced by the percentage you’re at fault. If the settlement amounts to $20,000 and it’s determined your 10% at fault, you’ll receive $18,000, or $20,000 minus $2,000 (10%).
A No-Fault Car Insurance State
Like New York and New Jersey, Florida is also a no-fault auto insurance state. Therefore, you must carry personal injury protection insurance–PIP–to pay for medical expenses and must turn to your own insurance first, regardless of who is at fault.
Contact a Personal Injury Attorney to Handle Your Claim Today
As you can see, filing a personal injury claim is just as important as your actual lawsuit. You must know the state laws and requirements applicable to your individual situation to ensure you get the best compensation you deserve. To file a personal injury claim in New York, New Jersey, or Florida, contact Varcadipane & Pinnisi anytime, 24/7. Call (866) 643-1026 to schedule a free consultation today.