Personal Injury Attorneys in Rochester, NY
Helping Monroe County Residents Navigate PI Cases
Dealing with a personal injury dispute can be stressful - and additional stress is the last thing you need when you're recovering from an injury. Having an experienced Monroe County personal injury attorney on your side enables you to focus on your recovery while your legal counsel helps you pursue the best outcome in your case.
At Duke Law Firm, P.C., our personal injury attorneys, located in Monroe and Livingston Counties and serving all the Southern Tier, are here to ensure you receive the highest level of legal representation throughout your personal injury case. To schedule a consultation with our team, contact us online or via phone at (585) 449-4987.
What Counts as a Personal Injury Case?
Receiving a professional opinion, such as consulting with a personal injury attorney, is the easiest way to understand whether you should file a personal injury claim (and what benefits you may gain from doing so).
Generally, if you are injured due to another person's negligence or violation of safety regulations, you may be able to file a personal injury suit against the individual or entity responsible for your injury.
How Much Time Do I Have to File for Personal Injury in NY?
In New York, the statute of limitations for most types of personal injury suits is three years from the date of the injury. However, filing your claim sooner rather than later is probably a wise decision due to the level of documentation required for most personal injury suits. The sooner you decide to pursue your personal injury case, the easier it will be to start gathering evidence and ensure that your recovery process is well-documented so you can pursue compensation more easily.
The exception is personal injury claims against city and county governments, as well as New York State. If you wish to file a personal injury suit against a governmental body in New York, you must do within 90 days of the injury occurring. You should consult with an attorney about other possible exceptions to statute of limitations and never assume you have more time to file a case without first confirming the deadline with a competent attorney.
How Does New York Handle Personal Injury Cases?
The outcome of your personal injury case depends on a wide range of factors, but perhaps the most important is whether you were liable for your injury to any degree.
If you acknowledge that your own negligence played a role in your injury, you will receive less compensation than if the party or entity you are filing against is wholly liable for the claim. Cases where both parties are at fault to some degree are known as shared-fault or contributory negligence cases.
On the one hand, contributory negligence laws can benefit an injured party, since they don't need to prove the other party was wholly responsible for the injury to receive compensation. On the other hand, if the other party can successfully argue the injured party played a large role in the injury, the claimant may receive significantly less compensation than they initially presumed.
New York's contributory negligence laws are just another reason why having an experienced Rochester personal injury attorney who understands how to navigate personal injury laws and get you the best outcome in your case is so important.
What Court Handles Personal Injury Cases in NY?
If you want to claim damages up to $5,000, you can file your case in small claims court. However, if you wish to receive greater compensation for your injury, you will need to file in a higher court.
How Much Compensation Will I Receive for My Personal Injury in NY?
The amount of compensation you receive depends on the details of the accident and the percentage of fault the other party assumes.
Additionally, you cannot receive double payments for injury-related expenses. In other words, if your health insurance agrees to cover an injury-related cost, you cannot receive compensation for those expenses
Having a Rochester personal injury attorney at your side can help ensure you receive the compensation you deserve for your personal injury case. An experienced Southern Tier personal injury attorney will help you meticulously document the evidence and expenses associated with your injury and ensure the right court hears your case, helping you receive adequate compensation for your injury.
To schedule a consultation with our Monroe and Livingston County personal injury lawyers today and learn more about how our experienced legal representatives serving the Southern Tier can help you navigate your case, contact us online or via phone at (585) 449-4987.