How To File A Broken Bone Injury Claim In New York City
Posted on October 14, 2021 in Serious Injuries
Broken bones are a serious type of injury that can impact an individual’s future quality of life. On top of that, if you or a loved one work in an industry that is dependent on your physical abilities, you can find that a broken bone injury puts you out of work, whether that is temporarily or permanently. After factoring in medical expenses and other related fees, many victims soon find themselves in a difficult financial position.
If your broken bone injury was caused by the negligence of another party, whether on or off a worksite, you have legal recourse. You may even have a catastrophic injury case if your broken bone injury leads to a long-term or permanent condition that impacts your future quality of life and ability to work.
In New York, broken bone injuries are typically considered severe enough to meet the state’s “no fault” threshold. This means that unless an injury is serious enough it might not meet the State’s legal threshold for a claim.
You can, however, file a claim outside the no-fault system. In this case, you may obtain greater compensation in the form of non-economic damages, e.g., lost quality of life and pain and suffering. It is important to note that typical insurance claims via your own provider will not come with non-economic damages.
If the actions of a reckless or negligent party in New York caused you to suffer broken bones, contact an attorney. They can help you determine if you can file a civil lawsuit. Civil suits against a product manufacturer, property owner, company, or driver may give you the compensation to move forward. With the help of a lawyer, these civil claims are easy to navigate. You can focus on recovering from your injuries while your attorney proves negligence.
While broken bones are usually considered “serious”, it is wise to get the opinion of a personal injury attorney, who will point you in the right direction.
The four top causes of broken bone injuries in New York include traffic accidents, slips & falls, workplace accidents and sport accidents. While workers in the construction industry are more prone to workplace injuries caused by hazardous conditions, something as seemingly innocuous as a slippery floor can also result in a broken bone injury.
Filing A Claim
When filing a claim for a broken bone injury, there are several things to take note of. The first is the statue of limitations in New York, which gives you three years from the date of the accident to take legal action. If you let this time elapse, your claim to legal compensation will be lost.
If the liable party is a government agency, the process of filing a claim will differ. This can be the case if your broken bone injury was the result of a sidewalk defect or staircase & stairwell accident in a government building. Depending on whether you wish to file a claim or a lawsuit, the following statures of limitation apply:
- 90 days to file a claim / 1 year to file a lawsuit against a city or county in New York
- 90 days to file a claim against the state of New York
Engage the Serious Injuries Attorneys at Pazer, Epstein, Jaffe & Fein to Fight Your Fight
At Pazer, Epstein, Jaffe & Fein, P.C., our serious injuries attorneys understand the struggles you are going through as a serious injuries victim, both financially and emotionally. When you come to us, we will conduct an initial consultation to understand the facts of your case and establish the best legal route to pursue.