When someone is hurt because of someone else’s mistake or carelessness, they might think about making a personal injury claim. This is a way to ask for help with paying for medical bills and other things lost because of the injury. In New York, there are specific rules about how long a person has to file a claim. This time limit is important because missing it could mean losing the chance to seek any kind of financial help. Understanding how this process works and the steps to take can make a big difference for someone who has been injured. At, Andrews, Bernstein & Maranto, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding the New York Statute of Limitations
In New York, there is a law called the statute of limitations. This law sets a time limit on how long a person has to file a personal injury claim. The statute of limitations is important because it tells you the deadline for taking legal action. If you try to file a claim after this time period has passed, the court will most likely refuse to hear your case. This time limit helps keep things fair because people need to file claims within a reasonable period after an injury happens. It also means that evidence and memories related to the incident are still fresh, making it easier for everyone involved to understand what happened.
For most personal injury cases in New York, the general rule is that you have three years from the date of the injury to file your claim. However, there are different rules for certain types of cases. If the injury was caused by a car accident, a slip and fall, or another kind of accident, the three-year rule applies. But if the injury was caused by medical malpractice, the time limit is often shorter. Knowing the specific deadline that applies to your situation is very important, and if you’re not sure, speaking to a legal professional can be helpful.
Exceptions to the Three-Year Rule
Although the three-year rule applies to many personal injury cases in New York, there are exceptions to this rule. Some cases have shorter time limits, while others have more extended time limits. For example, if the injury involves the government or a public agency, the time limit is often shorter. In cases involving the government, the injured person usually has only 90 days to file a notice of claim, which is a document that tells the government about the claim. After filing the notice of claim, they may have a bit more time to file the actual lawsuit, but the timeline is still much shorter than the typical three-year rule.
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There are also situations where the three-year time limit may be extended. This could happen if the person injured is a child or if they were unable to file the claim due to a serious health condition or other special circumstances. For example, if a child is hurt in an accident, the clock might not start ticking on their claim until they reach a certain age. In cases where the injured person is mentally or physically unable to file a claim right away, the court might extend the deadline to make sure they still have a chance to seek help.
Why It’s Important to Act Quickly
Even though the law gives people a certain amount of time to file a personal injury claim, it’s often better to start the process as soon as possible. When a person files a claim quickly, it’s easier to gather evidence, talk to witnesses, and make a strong case. If too much time passes, some evidence might be lost, or witnesses may forget important details about what happened. Medical records, photos of the accident scene, and other documents are easier to find when they are collected soon after the accident. Starting early can help make sure that the injured person has all the information they need to support their claim.
Acting quickly can also help with medical bills and other costs that might be piling up after an accident. If someone waits too long, they might struggle to pay for these expenses without the financial support they might get from a successful personal injury claim. By filing a claim sooner rather than later, they may receive help sooner, which can be especially important if they need to pay for ongoing medical treatment or if they can’t work due to their injuries.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
Gathering Evidence for a Personal Injury Claim
To file a strong personal injury claim, the injured person will need to gather as much evidence as possible about the accident and their injuries. Evidence is essential for showing who was at fault and proving how serious the injuries are. Important types of evidence can include medical records, police reports, witness statements, and photos or videos of the accident scene. If the injured person needed medical care after the accident, keeping track of all their medical bills and treatment records is important. This information helps show how much the injury has affected their life and what kind of help they need moving forward.
In some cases, an investigator may help gather additional evidence or find more information that supports the claim. This can be very helpful if the accident involved complex details, like if it happened on someone else’s property or involved a business. Talking to witnesses soon after the accident can also be useful, as they might remember more details early on. Having enough evidence is key for building a strong case and can make a difference when it comes time to negotiate with insurance companies or present the case in court.
Understanding How Insurance Works in New York Personal Injury Cases
In New York, when someone is injured, dealing with insurance companies is often part of the process of filing a personal injury claim. Most people who are hurt in accidents, especially car accidents, will need to file a claim with an insurance company to get compensation. New York is a “no-fault” state, which means that in car accident cases, each person’s insurance usually covers their own injuries and expenses, regardless of who was at fault. However, if the injuries are very serious, the injured person might be able to seek further compensation from the at-fault party’s insurance.
Insurance companies may not always be willing to pay the full amount that an injured person asks for, especially if the costs are high. The insurance company may try to lower the amount or deny the claim altogether. This is why it’s important for injured people to have a clear understanding of their rights and what kind of help they can ask for. If an insurance company offers a low settlement, it’s okay to negotiate or even take the case to court if necessary. Knowing what kind of coverage is available and how insurance rules apply in New York can help injured people get the support they deserve.
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The Role of a Lawyer in Filing a Personal Injury Claim
Although some people may choose to file a personal injury claim on their own, having a lawyer can make a big difference in getting fair compensation. A lawyer can help explain the rules and deadlines, gather evidence, and communicate with insurance companies on the injured person’s behalf. They can also give advice about what kind of compensation might be possible, like money for medical bills, lost wages, and even pain and suffering in certain cases.
A lawyer can also help if the case goes to court. Going to court can be complex, especially for someone who is trying to recover from an injury at the same time. A lawyer will know how to handle the legal process, making it easier for the injured person to focus on healing. The lawyer will also know how to deal with the tactics that insurance companies often use to avoid paying full compensation. Having legal support can give peace of mind and a better chance at receiving fair financial help.
Steps to Take After an Accident
If someone is hurt in an accident, there are a few steps they should take right away to protect their rights and build a strong case. The first thing to do is to get medical care. Even if the injury seems minor at first, seeing a doctor is important because some injuries may not show symptoms right away. Medical records are also important for the personal injury claim, as they help prove the extent of the injury and show that it was serious enough to need treatment.
Reporting the accident to the proper authorities is also necessary, especially in cases like car accidents. A police report can serve as official documentation of what happened and can help with the claim process. Collecting contact information from any witnesses can be useful too, as their statements may support the claim. Lastly, it’s important to keep all documents and records related to the injury, such as medical bills, accident reports, and correspondence with the insurance company. These records can be essential in proving the claim and helping the injured person get the compensation they need.
Verdicts & Settlements
When it comes to filing a personal injury claim in New York, having the right legal team can make all the difference. The lawyers at Andrews, Bernstein & Maranto, PLLC are dedicated to helping injured people through every step of the process, from gathering evidence to negotiating with insurance companies. They understand the laws and deadlines that apply to personal injury claims in New York and will work hard to make sure that you have the best chance of getting fair compensation. If you have been injured and are unsure about your next steps, reach out to Andrews, Bernstein & Maranto, PLLC to get the support and guidance you need.