Personal injury lawsuits are some of the most common civil claims filed in the State of New York. These can involve minor accidents or injuries or serious accidents that require the victim to undergo medical care for the rest of their lives. Many injury victims have no prior experience with the New York civil court system. This page provides an overview of personal injury claims in New Paltz and Ulster County. Contact Ryan Roach & Ryan LLP for help handling your personal injury or accident claim.
How Long Do I Have to File a Personal Injury Lawsuit in New York
The statute of limitations only provides a limited amount of time to file a civil lawsuit, depending on the type of claim. Most personal injury claims have to be filed within 3 years from the date of the accident or injury. Product liability claims also generally have a 3-year time limit.
Medical malpractice injuries and claims generally have a 2 ½ year statute of limitations. A claim must be filed within 2 years and 6 months. Wrongful death claims generally have a 2-year statute of limitations.
There may be exceptions to the statute of limitations, under limited circumstances. When a minor is injured, the statute of limitations generally does not toll until the minor turns 18. After turning 18, that individual has 3 years to file a personal injury claim, or until their 21st birthday.
In some cases, the time limit to file a claim is shorter than the statute of limitations. Claims against the state government, county agencies, or other public entities in New York generally have a notice of claim requirement. This may require an individual to file a notice of claim within 90 days in order to later file a lawsuit for damages. If the notice is not filed in time, the claim may be denied.
Contact your personal injury attorney as soon as possible after an injury or accident. Your lawyer will make sure your claim is filed in time and any notice of claim is filed so that your claim will not be denied as filed out of time.
Filing a Personal Injury Claim in New Paltz and Ulster County
Most personal injury claims are filed in the Supreme Court of New York.
Filing a personal injury lawsuit generally begins with the purchase of an index number and the filing of a summons and complaint. The person filing the claim is the plaintiff and the person accused of being liable for the injury or accident is the defendant. Other defendants may later be added to the lawsuit under certain restrictions.
The plaintiff sets out the basis for the lawsuit written statements which form causes of action in the complaint. In a personal injury claim, the basis may be a claim of negligence, product liability, premises liability, or other causes of action. After the complaint is filed and served upon the defendants, the defendants generally have 20 days to file an answer. The answer will respond to the causes of action, provide defenses, and may include cross-claims or counterclaims.
Talk to your Kingston personal injury law firm with any other questions about a personal injury filing, time limits, and what damages may be available for you and your family.
Ulster County and Supreme Court
For individuals who live in or are injured in Ulster County, cases can be filed in the Ulster County Courthouse. The Ulster County Supreme and County courts are located in Kingston:
Ulster County Courthouse
285 Wall Street
Kingston, NY 12401
Hours of Operation: Monday - Friday 9:00 a.m. - 4:45 p.m. (except state holidays)
The courthouse is on Wall Street between John Street and Main Street. The entrance to the on-site parking lot is off of John Street.
Types of Personal Injury Claims in New York
Just about any type of accident, injury, or harm caused by another may be the basis for a personal injury claim. If another person, company, or entity was responsible for causing your injury they should be held liable for the damages. Examples of personal injury claims may include:
- Motor Vehicle Accidents
- Motorcycle Accidents
- ATV Accidents
- Bus Accidents
- Slip-and-Fall Accidents
- Dangerous Products
- Medical Malpractice
- Nursing Home Negligence
- Truck Accidents
- Dog Bite Injuries
- Construction Site Accidents
Damages Available in a Personal Injury Accident
The damages available in your claim can include any financial losses related to the accident and other non-economic damages, like pain and suffering or loss of support. Damages can include past, present, and future expenses, including medical treatment, surgeries, and any continuing healthcare needed. Damages can also include lost wages and loss of future income.
Personal Injury Attorneys for New Paltz
The lawyers at Ryan Roach & Ryan, LLP understand how difficult it can be to try and pursue your legal rights when you are injured, in pain, and unable to work. Our personal injury lawyers will deal with the insurance companies and fight to get you the compensation you deserve.
At Ryan Roach & Ryan, LLP, we work with our clients from the beginning to the end to make sure their rights are protected. For experienced legal representation in filing a personal injury claim in New Paltz, call us at (800) 901-2525 today for a free consultation.