Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What is a wounded wheels lawsuit?
A wounded wheels lawsuit is a personal injury claim arising from vehicle-related injuries, such as those caused by defective auto parts, dangerous road conditions, or negligent drivers. In New York, these cases can proceed under product liability, negligence, or premises liability theories depending on the cause. An attorney can help identify the right legal theory for your situation.
How long do I have to file a wounded wheels lawsuit in New York?
In New York, most personal injury claims involving vehicle-related injuries must be filed within 3 years of the injury date under CPLR §214. If a government entity such as a city or state agency is responsible for a dangerous road condition, you must file a Notice of Claim within 90 days and may face a shorter lawsuit deadline. Acting quickly protects your rights.
Who can be held liable in a wounded wheels lawsuit in NY?
Liability in a wounded wheels case in New York can fall on multiple parties: a negligent driver, a vehicle manufacturer or parts supplier under product liability law, a municipality responsible for maintaining safe roads, or a property owner whose lot caused the hazard. New York comparative fault rules under CPLR Article 14-A allow you to recover damages even if you were partially at fault.
What damages can I recover in a NY wounded wheels lawsuit?
New York personal injury plaintiffs may recover economic damages such as medical bills, lost wages, and future care costs, as well as non-economic damages including pain and suffering and loss of enjoyment of life. There is no statutory cap on damages in most NY personal injury cases. The value of your claim depends on the severity of your injuries, liability facts, and available insurance coverage.