Personal Injury FAQs
1. What personal injury cases does your law firm handle?
2. What is the statute of limitations for personal injury claims in New York?
3. What damages can I collect as a result of my personal injury?
4. What issues will I face in making a personal injury claim for injuries sustained in an automobile accident?
5. If I slip and fall at a business, is the owner of the business legally responsible for my injuries?
6. How do I know if I have a personal injury case?
7. Why do I need a lawyer to represent me in my personal injury case?
1. What personal injury cases does your law firm handle?
The law firm of Oshman & Mirisola, LLP, handles the following types of personal injury claims:
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2. What is the statute of limitations for personal injury claims in New York?
Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for New York for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims.
New York's Statute of Limitations
Wrongful Death: A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
Personal Injury Actions: These actions must be brought within three years of the date of the injury.
Medical Malpractice Actions: Actions against health-care providers must be filed within two years and six months after the date of the act that gave rise to the injury occurred.
Medical Malpractice Actions Based on the Insertion of a Foreign
Object: These actions must be filed within one year of the date that the foreign object was, or should have been, discovered, whichever is earlier.
Products Liability Actions: Products liability actions must be brought within three years after the plaintiff suffers the injury.
Special Rules for Minors: Except in cases of wrongful death, a minor has three years from the date of his or her 18th birthday to file suit. However, New York law provides that the limitations period can be extended in favor of minors for more than 10 years after the act giving rise to the injury occurred, except in cases of medical malpractice or wrongful death.
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3. What damages can I collect as a result of my personal injury?
Compensation, or damages, awarded in personal injury claims vary based upon the type of injury and cause. The most commons forms of compensation include payment for:
- Medical Bills
- Property Damage
- Lost Wages
- Emotional Trauma
- Physical Disability
- Mental Disability
- Pain & Suffering
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4. What issues will I face in making a personal injury claim for injuries sustained in an automobile accident?
A claim for injuries sustained in an automobile accident is usually based upon carelessness or negligence. In worse case scenarios, it is based on an intentional or reckless act. The issues that typically arise in a tort claim after an automobile accident are the following:
- Liability – who is at fault and to what degree
- Damages – injuries or losses that were caused by the accident
- Insurance Coverage – what the insurance company will pay for after an accident
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5. If I slip and fall at a business, is the owner of the business legally responsible for my injuries?
Typically, it is the duty of an owner to exercise reasonable care in the maintenance of the premises and to warn a visitor of any known dangerous conditions. It is the responsibility of your experienced personal injury attorney to gather the relevant facts and to know the applicable legal principles in order to determine if the owner can be held liable for the injuries caused in a fall.
Contact Oshman &
Mirisola, LLP today to discuss your claim.
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6. How do I know if I have a personal injury case?
The first requirement of a personal injury case is that you must have suffered an injury to your person or property. Second, your injury must have been the result of someone else's negligence or fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit, however. Lawsuits may be based on a variety of nonphysical losses as well.
Contact Oshman &
Mirisola, LLP today to discuss your situation and determine if you have a personal injury case.
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7. Why do I need a lawyer to represent me in my personal injury case?
Your lawyer’s focus is obtaining the maximum damages for you, consistent with the nature of your injuries and losses. You need a lawyer at Oshman & Mirisola, LLP working for you to protect your interests. Additionally, a lawyer can investigate all sources of recovery and ensure that your medical expenses are submitted to the proper source for payment.
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For more information, please see our Personal
Injury Page
Contact us online through our FREE
personal injury evaluation form if you have any questions
about your claim.
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