Driving through the insane gridlock New York is a car accident waiting to happen. This state is a hotbed of negligence and personal injury cases, and finding out where to pin liability is like playing "Pin the Tail on the Donkey." Maybe it was you who was injured, or maybe it was a friend or relative. Whatever happens during your New York adventures, if you need guidance for your personal injury case, Enjuris has the answers.
New York Personal Injury Cases & Accident Info
New York statutes online
This is where you’ll find New York's consolidated laws. The website has details about how long you have to bring a case, monetary limits on personal injury cases (which are also known as damage caps), and other important information.
In New York, you have three years to bring both a personal injury and a property damage claim. That means you have three years to file your paperwork with the court, not that your case has to be completed in that time frame.
The first meeting with a personal injury attorney is normally free of charge. (Note that other legal specialties, such as real estate law or taxation law, are different.) After that, lawyers work on a contingency basis, which means that they will take a third of the eventual reward, plus whatever office expenses they incur along the way.
If your case goes to trial, that percentage could rise to 40% of the eventual reward or judgment. These numbers aren't determined by law, so don't be surprised if your lawyer suggests something else.
These are some cases of legal importance that came out of New York's courts:
New York Times Co. v. United States, 403 U.S. 713 (1971): This was a landmark decision regarding the First Amendment and the Pentagon Papers. President Richard Nixon had forced the Times to suspend publication of classified information that it had acquired. The question was whether the freedom of the press was subordinate to the executive branch's need to protect and maintain the secrecy of its information. In the end, the Supreme Court ruled that the Times and the Washington Post could print the material in their possession.
New York Times v. Sullivan, 376 U.S. 254 (1954): This case established the "actual malice" standard for defamation cases. The concept of public figures is important in freedom of the press cases, because if someone is considered a "public figure" versus a "private figure," the standard for defamation is much higher. This particular story was about the Montgomery Police Department, and in particular, the police commissioner, L.B. Sullivan, took offense. He asked that the Times publish a retraction of the story, and the paper refused. The Supreme Court held that the paper's conduct was not sufficient for a libel suit. Sullivan had to prove that the Times knew the statements were untrue and published them anyway in an act of reckless disregard.
Lochner v. New York, 198 U.S. 45 (1905): This was an oddity in which the high court struck down the legal maximum hours that bakers could work (10 hours per day, 60 hours per week). As an interpretation of the infringement of the freedom to contract, the majority held that bakers – who worked in dingy conditions, many of which were not properly heated and were only five feet high – should have the ability to sell their services at their leisure. This drew a particularly nasty dissent from Justice Oliver Wendell Holmes, which became the main interpretation of the Fourteenth Amendment, as a reasonable person would find the law related to health.
There are many issues you can solve without the help of an attorney. If you don't know where to start, a law librarian can help you. They are usually legally trained, and they can help you both with texts or online research engines like LexisNexis or Westlaw.