Anyone who has been seriously injured in an unexpected accident knows how quickly medical bills and other damages can accrue. Unfortunately, victims often lose the opportunity to recover compensation from the liable parties because they wait too long to file their claims.
It goes without saying that there’s a lot to do in the wake of a severe injury. But regardless of how much you have on your plate, you only have a limited amount of time in which to file a personal injury lawsuit. Also, important evidence may disappear within days of the accident. For these reasons and many others, it is wise to call an attorney immediately after your first medical evaluation.
If you were hurt because of someone else’s recklessness or negligence, contact Charnas Law Firm. Serving clients throughout New York and Massachusetts, Scott Charnas has recovered nearly $50 million for injured parties and their families. Call 212-980-6800 to schedule a free case evaluation with a New York City personal injury lawyer.
Time Limits for Filing Personal Injury Lawsuits in New York
Every state has specific deadlines for filing personal injury lawsuits. These deadlines, called “statutes of limitations,” serve to protect both the defendant and plaintiff. Defendants do not have to worry about fighting frivolous suits long after an incident has occurred, and plaintiffs have no choice but to file before any time-sensitive evidence becomes unavailable, thereby ensuring the strongest case possible.
In the state of New York, plaintiffs typically have three years from the date of the accident to file a personal injury lawsuit; however, there are several variables that can affect this deadline. For example, if you were the victim of medical malpractice, you typically have 30 months from the date of the incident or the date on which you stopped receiving care from the negligent healthcare provider. If a surgeon left a foreign object inside you, the statute of limitations is just one year from the date on which the object was—or should have been—found to pursue compensation.
It is important to note that claimants who intend to sue a government entity have a much shorter deadline in which to do so. You must typically provide notice within 90 days of the incident and then file a formal claim within the following 12 months.
An accident lawyer can draft the official notice and then file it with the appropriate governing body on your behalf to ensure you do not miss this critical deadline. If you wait too long to file, your case will most likely be dismissed, and you will lose the opportunity to recover compensation for your healthcare expenses, lost wages, and other damages.
Discuss Your Case with a Personal Injury Attorney in New York City
If you were seriously injured in a preventable accident, contact Charnas Law Firm. Attorney Scott Charnas has been resolving personal injury and wrongful death cases for more than 25 years. Call 212-980-6800 to schedule a free consultation with an accident lawyer in New York City.