How Long Do I Have to Wait to File a Personal Injury Claim?
What is the Statute of Limitations for Personal Injury Claims?
A personal injury claim is a legal measure taken when you are seeking compensation for injuries caused due to another person's actions. Personal injury claims can be filed for physical and psychological injuries, including car accidents, wrongful death, medical malpractice, and product defects, to list a few examples. However, you may wonder if you can still take legal action if time has passed since the injury happened. In New York, the statute of limitations for personal injury claims is approximately three years from the date that the accident happened, with slight variation depending on the type of personal injury. For example, wrongful death lawsuits typically need to be filed within two years, whereas medical malpractice claims should be filed within two years and six months.
How Do I File a Personal Injury Claim?
The first step to filing a personal injury claim is to consult with a personal injury lawyer who has experience with cases similar to yours. The initial consultation is vital for you and your potential lawyer, as it provides the legal team with essential information they need to structure your case, including:
- Who was present and/or involved in your injury
- When and where the injury happened
- What expenses and other obstacles you are now struggling with due to the injury
Once you've explained your story to a personal injury attorney, they can then provide informed legal advice and an approximate value of your claim. You can also ask any questions or address any concerns you may have about your case, or about their experience with cases similar to yours to ensure that your case is represented properly. Once you've decided on a lawyer to work with, they will begin to the investigation to gather as much relevant information as possible to build a strong case that will then be drafted into a demand letter that is sent to the responsible party's insurance company. Relevant information that is gathered to build your case includes:
- Medical records
- Witness testimonies
- Accident reports from your place of employment, the police, etc.
- Photographic evidence, such as security footage
From here, your case has the potential to be settled outside of court or be sent to trial, depending on how the other party and their legal team respond. A primary benefit of working with a personal injury attorney is that, if your case is taken to court, part of their job is to protect your rights while also protecting your peace of mind. Your attorney should reassure you and provide detailed advice as to how to proceed throughout your case.
Contact Our Law Firm to Learn More!
Whether you've been in a car accident or slipped and fell at work, our personal injury attorneys are here to help and represent you. Staehr Law, P.C. serves Auburn, Williamsville, Getzville, Cheektowaga, and Buffalo, NY, proudly providing legal services our communities need to feel seen and heard while protecting their rights. For more information about personal injury claims, contact our law office today!
Contact Staehr Law, P.C. Today!
