What Is the Statute of Limitations for Personal-Injury Claims in New York?
Even minor injuries can come with overwhelming stress – especially if victims cannot return to work. If you were injured due to another person’s negligence, then your immediate focus is likely to be on physical recovery and not on the legal and administrative tasks.
For this reason, accident victims in New York have several years to file a lawsuit against the at-fault party. However, this does not mean that you should put off your claim. Over time, evidence that could support your lawsuit may become unavailable, so it is important to contact a lawyer as soon after the incident as possible.
If you were injured due to another person or company’s negligence in New York, then you may be entitled to compensation to pay for health-care expenses and lost income. White Plains personal-injury lawyer Kent Hazzard, LLP can help.
Mr. Hazzard has the knowledge and resources to structure your claim, handle settlement negotiations and litigate your case if it goes to trial. To schedule a consultation, call our office today at 914-948-4700.
Personal-Injury Claim Deadlines in New York
The state of New York places a limit on the amount of time an accident victim has to file a formal lawsuit in a civil court. All states have this deadline, which is known as the “statute of limitations,” though the timeframe can vary from state to state.
According to NY Courts, an injured person has three years to file a civil case for damages from the date of the accident.
What If I Miss the Civil Lawsuit Deadline?
It is critical that accident victims adhere to the statute of limitations. If you bring your civil case to court after the three-year deadline has lapsed, the court is unlikely to hear your case. The defendant’s attorney will file a motion to dismiss your claim, and you may end up paying accident-related expenses out of your own pocket.
Settling out of Court
Even if you hope to settle your case out of court, it is important to begin the claims process before the statute of limitations expires. If you attempt to settle with the negligent party after this period, then he or she will have the upper hand during negotiations because you will probably not be able to file a lawsuit if you are unhappy with the settlement.
Conversely, if you begin negotiations with the other party within the civil claim time limit, then the threat of a civil lawsuit may work to your advantage. The person who caused the accident may offer a higher settlement to prevent the case from going to trial.
A personal-injury claim can be a complex matter. In addition to the statute of limitations, these cases involve complicated paperwork, gathering evidence, structuring a claim and negotiating for a fair settlement. Even if your case does not go to trial, the guidance of an experienced lawyer may prove invaluable.
White Plains accident attorney Kent Hazzard, LLP can handle the legal aspects of your case so you can focus on recovery. Call us today at 914-948-4700 to schedule an appointment.