If you suffer injuries in an accident or incident, the time you have to pursue compensation is not unlimited. In New York, you must file your lawsuit within three years of the event that caused your injuries.
Whether you were injured in a car crash, bike accident, or slip and fall incident, a personal injury attorney will investigate your case, evaluate your injuries and losses, and pursue the compensation you deserve.
How Soon Do I Have to File a Personal Injury Case?
The New York statute of limitations sets the deadline for when a personal injury lawsuit must be filed. The statute allows three years from the date of the accident or incident that caused your injuries to file a lawsuit against the at-fault party. In other words, within the three-year time frame, your attorney must file a complaint detailing how the accident or incident occurred and itemizing your injuries and losses.
The deadline is different for a wrongful death case. In those cases, you have two years from the date of death to file suit against the at-fault party. Medical malpractice cases must be brought within two years and six months. And for a claim filed against New York, you must provide notice within 90 days, and file your lawsuit within a year and 90 days.
Although three years seems like a long time, your attorney needs this time to thoroughly investigate the circumstances of the accident, review and analyze the impact of the injuries on your life, and build a strong case on your behalf. Your lawyer will develop a settlement demand to initiate settlement negotiations with the insurance companies involved to try to settle your case. However, they will not hesitate to prepare and file suit if the insurers refuse to offer you a full and fair settlement offer to cover your losses.
At our firm, we understand that keeping track of dates and deadlines while you are working to recover from your injuries can be stressful. Let one of our attorneys alleviate that stress. By contacting an attorney from our firm shortly after the accident, your attorney will manage and comply with all deadlines in your case and ensure your lawsuit is timely filed.
What If I Miss the Deadline to File a Lawsuit?
If you miss the deadline to suit, you cannot pursue the compensation you need in court. The judge will likely dismiss your case if you file the complaint after the deadline expires, highlighting the need to contact a skilled and knowledgeable personal injury lawyer as soon as possible after the accident or incident that caused your injuries. Let an experienced lawyer from our firm calculate the deadline to file suit in accordance with New York’s statute of limitations to protect your legal right to seek the money you need in court.
Contact Fessenden Laumer & DeAngelo, PLLC Today
If you suffered personal injuries from which you are struggling to recover, initiating a lawsuit may be the furthest thing from your mind. At Fessenden Laumer & DeAngelo, PLLC, we understand how intimidating the legal process may feel. Let one of our experienced personal injury attorneys advocate on your behalf.
We work on personal injury cases on a contingency fee basis, so you do not pay any attorney’s fees unless we recover money for you. Contact us online or call us today at (716)484-1010 to get started with your case in a confidential consultation.
