In New York, the law generally provides you with three years from the date of an accident to file a claim for personal injury. This period can be much shorter, with even shorter notice of claim requirements, depending on the parties involved. At this time, wrongful death lawsuits are subject to a two-year limitations period. The time limitations for filing a no-fault accident claim is typically 30 days from the date of the accident unless the injured person can submit written proof providing clear and reasonable justification for the failure to comply. Of course, the actual limitations period will depend on the unique circumstances of any case. An experienced attorney can identify all applicable deadlines.
CAR ACCIDENT STATUTE OF LIMITATIONS IN NEW YORK
Those seeking to make a personal injury claim are well advised to contact a lawyer soon as possible after the date of the accident. The attorneys at William Mattar, P.C. have the knowledge and experience to help accident victims recover damages for pain and suffering after New York car accidents.
Call (877) 717-2961 to talk with one of our New York personal injury lawyers. Our experienced car accident attorneys can guide you through the process of filing insurance claims and, if necessary, filing a lawsuit to achieve maximum compensation.
EXTENSIONS AND EXCEPTIONS TO THE STATUTE OF LIMITATIONS
If you think you missed the statute of limitations deadline, you typically lose the opportunity to seek injury compensation. Some situations involve a shorter deadline, such as when a municipal employee caused the accident. The law recognizes that statutes of limitation can sometimes be “tolled” or stopped for periods of time. If the statute of limitations appears to have expired, an experienced attorneys can advise whether any of these tolls may apply.
PERSONAL INJURY AND NOTICE OF CLAIM
When a municipality caused the accident due to the actions of its employee, any claim will likely also be subject to a notice of claim requirement and a shortened statute of limitations period. A notice of claim must include certain information and it must be served on the correct party.
Claims against the state of New York are also subject to a shortened limitations period, and a claim or notice of intention to file a claim must be timely filed.
Someone seeking to bring a personal injury claim should always consider contacting an experienced personal injury attorney in New York to determine all deadlines you need to meet.
EVERY PERSONAL INJURY CASE IS DIFFERENT
Each case holds its own merits and complexities. If you are looking for a lawyer and have questions about pending time deadlines, contact Golden Glades Chiropractic today to speak to a personal injury attorney about the specifics of your case. Every personal injury case is unique. Let us help you file your insurance claim or your lawsuit.
NO-FAULT ACCIDENTS AND INSURANCE CLAIMS
New York is a “no-fault insurance” state, which means that in most cases the applicable no-fault insurance company will cover certain injury-related economic losses, including lost wages and medical expenses. The deadline for filing a no-fault insurance claim is generally 30 days from the date of the accident.
WHEN AN UNINSURED OR UNDERINSURED DRIVER CAUSES THE ACCIDENT
In most car accident cases, there is an “at-fault driver,” who is responsible for causing the accident. Typically, to receive compensation for pain and suffering, those injured would need to file a claim with the at-fault driver’s insurance company. But unfortunately, some drivers on our roadways do not have car insurance or do not have adequate car insurance. In this instance, injured motorists may be able to turn to their own insurance company, which will offer uninsured motorist coverage or supplementary uninsured/underinsured motorist coverage. Such claims will be subject to insurance notice requirements, as well as a statute of limitations.
If you are injured in a car accident, please do not hesitate to contact the attorneys at golden glades chiropractic . Let our experienced car accident lawyers help you navigate the legal process. We can identify the applicable statutes of limitation for your case and ensure that you meet every deadline.