Changes in Accident Liability Laws
The laws that govern personal injuries and the lawsuits that result from an injured party seeking compensation are under constant revision by state lawmakers. These changes to the law are aimed to help the court system work more efficiently and assist in protecting the rights of plaintiffs and defendants alike. These changes, referred to as tort reform, can have a dramatic impact on your case. The Edelsteins, Faegenburg & Brown law firm of Brooklyn, New York believes in keeping our clients as well informed as possible about tort reform and the impact it may have on their case.
Tort Reform
1986: Collateral Source Reform: In 1986, the state of New York mandated that awards given to a plaintiff in a personal injury case could be offset by collateral source payments. This means that the amount of settlement could be offset by compensation that will be paid for by insurance companies or other agencies.
1986: Frivolous Lawsuit Sanctions: Personal injury attorneys have a responsibility to only represent claims that they feel have merit and are deserving of the court’s time. The state of New York enacted a law in 1986 that allowed the state to charge a penalty fee of $10,000 from anyone who brings about a lawsuit that is deemed to frivolous by the court.
1986: Payment of Damages exceeding $250,000: In this 1986 law, the state of New York mandated that settlements that exceed $250,000 must be paid as periodic payments to the plaintiff rather than one lump sum.
1992: Punitive Damages: Since 1992, New York has required that 20% of the punitive damages awarded to a plaintiff be paid to the New York State General Fund. Punitive damages are penalties intended to punish a defendant for negligence or wrong-doing.
The above are only a few of the ever changing personal injury laws in New York State. For a more complete explanation of tort reform and how it might affect your case, speak with your personal injury attorney.
