Have you suffered an injury caused by another party’s negligence in Queens, NY? If so, you have a limited window of time to pursue legal action against the liable parties. You should act promptly and work with a personal injury lawyer to ensure you get the rightful compensation for your injury.
The timeline for personal injury claims is governed by the statute of limitations. This refers to legal deadlines dictating how long an injured person has to file a claim seeking damages from the liable parties. The statute of limitations for most personal injury incidents in New York is three years, starting from the date the injury occurred. If you don’t file a claim within this timeline, the court will likely dismiss the case.
This deadline applies to most accidents, like car accidents, slip and falls, dog bites, defective products, and other negligent acts. For a medical malpractice case, you have 2.5 years to file a claim. Ensure you file a claim immediately to avoid missing the deadline and losing any hope of compensation.
Can You Sue After the Statute of Limitations Has Expired?
Generally, you cannot file a claim or lawsuit once the statute of limitations has expired in New York. However, there are some exceptions that can pause the countdown clock, giving you more time to pursue the case. For example, if the injured party is a minor, the timeline tolls until they turn 18 since minors cannot directly take legal action.
In medical malpractice, the discovery rule applies as an exception. This means that if you don’t discover the injury until after it occurred, the statute of limitations will start the day your injury was discovered. These exceptions are limited and complicated, so it’s best not to rely on them.
What Should You Do When You Get Injured?
Seek Treatment Immediately
Get comprehensive medical attention as soon as possible, even for what may seem like minor injuries initially. This is not only vital for your health, but also establishes medical proof early on. Delaying treatment can improperly suggest that you were uninjured or not seriously harmed. The other party’s insurance can use this as evidence to deny you compensation or lower the settlement amount.
File a Personal Injury Claim
You need to alert the relevant insurance company to the incident by filing an injury claim immediately. During this stage, it’s important to work with an injury lawyer, who can handle the claims process.
How Can a Personal Injury Lawyer Help?
Your lawyer can do the following:
- File the claim within the legal deadline
- Handle communications between you and the insurance companies
- Gather evidence for your case
- Quantify and calculate all losses
- Negotiate an optimal settlement
If you need to go to trial, your lawyer will offer skilled representation in court and fight for the rightful damages.
Don’t wait too long to file an injury claim, as this could ruin your chances of getting compensated. Contact Simon & Gilman, LLP in Queens, NY as soon as possible after your injury.
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