Are there any restrictions on filing a spinal injury lawsuit?

Yes, there are restrictions on filing a spinal injury lawsuit in New York. Generally, a plaintiff must file a lawsuit within three years of the injury in order to be eligible for compensation. However, the statute of limitations may be extended in certain cases, such as those involving medical malpractice or when the injury has been suffered due to the negligence of another party. Additionally, certain types of spinal injuries typically require that the victim has suffered a pre-existing condition in order to be eligible for compensation. For example, if someone has been involved in a car accident, they may be awarded damages only if their injury was significantly exacerbated by a pre-existing condition. Furthermore, a plaintiff must establish that the defendant’s negligence caused or contributed to the injury. This is done by demonstrating the defendant’s lack of care or their breach of duty—for example, by showing that the defendant had a duty to maintain a safe environment in which the plaintiff was injured and that they failed to do so. Finally, the plaintiff must demonstrate that they suffered damages as a result of the injury. This includes demonstrating any physical, mental, or emotional distress, financial losses, medical expenses, or other damages suffered as a result of the injury.

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