If you are injured in western New York State because someone else was negligent – in a traffic collision or any other accident scenario – you will need the sound advice and legal services that a Rochester personal injury attorney provides.
If you are injured by negligence and you file a personal injury claim to obtain compensation, several New York laws may apply to your case. A statute of limitations, for instance, establishes the amount of time you have to file an injury claim and begin the legal process.
What is the statute of limitations for filing a personal injury claim in New York? Are there different deadlines for different kinds of injuries – for product liability or medical malpractice cases, for instance?
Keep reading, and you’ll learn the answers in this brief discussion of personal injury laws and statutes of limitations. You will also learn what steps to take if you become an injured victim of negligence in this state and you need compensation for medical bills and lost wages.
If You Are Injured By Negligence, Act Quickly
All fifty states limit the amount of time an injury victim has to bring a personal injury claim after the accident that caused the injury. That period of time hinges on the type of negligence that caused injury to the victim. Many states allow some exceptions to the deadlines for specific reasons.
Whether you’re injured in an auto accident by a negligent driver, by a defective power tool or electrical appliance, or in an incident of medical malpractice, do not wait until the deadline approaches and then scramble to file a claim before it’s too late.
If you are injured because another person was negligent, immediately after you’ve been examined and treated by a healthcare professional, arrange to discuss your options with a good New York personal injury lawyer.
Putting your case in the hands of the right lawyer as quickly as you can is essential if you are seeking compensation for your medical costs, lost earnings, and related losses.
What are New York’s Statutes of Limitations for Personal Injury Cases?
New York’s statutes of limitations have been established to make the law fair and just. Statutes of limitations compel the injured victims of negligence to act quickly so that none of us have to deal with claims regarding years-old and nearly-forgotten incidents.
Listed here are New York’s statutes of limitations for personal injury cases:
1. For injuries sustained in traffic accidents: three years from the date of the accident
2. For emotional distress arising from accidents caused by negligence: three years from the accident date
3. For intentionally-inflicted emotional distress: one year from the date of the incident
4. For medical malpractice: two years and six months from the date of the malpractice incident or from the end of the medical treatment provided by the party you intend to sue
5. For injuries caused by defective consumer items (product liability claims): three years from the date of the accident
6. For slip-and-fall or trip-and fall injuries caused by a property owner’s negligence: three years from the date of the accident
7. For wrongful death: two years from the date of the death
8. For all other personal injury claims: three years from the date of the injury
What Steps Should You Take If You Are Injured By Negligence?
Seek medical attention right away after any incident like a traffic crash, a trip-and-fall or slip-and-fall, an injury caused by a defective consumer item, or even a dog bite.
If you are injured by another person’s negligence – a careless driver, a retail store’s management, a malpracticing doctor, or even a dog’s owner – you’re entitled by law to full compensation for your medical costs, lost earnings and lost earning capacity, pain, suffering, and related losses.
However, you’ll have to prove that you are entitled to compensation, and to do that, you’ll need help from a New York personal injury lawyer. Your lawyer will review the evidence and the facts, question any witnesses, and if necessary, ask experts to provide evidence on your behalf.
How Are Personal Injury Cases Resolved?
In most cases, your personal injury lawyer will negotiate a settlement that meets all of your requirements and needs.
The majority of personal injury claims are resolved privately and away from the courthouse, but if no reasonable settlement offer is forthcoming, you’ll need a trial lawyer who can explain to a jury what happened and why you should receive the maximum available compensation.
Everything that has been discussed above applies to personal injury cases in which the presumably negligent party – legally called the “defendant” – is a private individual or a privately-owned business.
What If the Government is Responsible for Your Injury?
But what if the government – a state or municipal government or government agency – is responsible for your personal injury or injuries? The rules and deadlines will be somewhat different.
If you slip on a broken staircase at city hall, trip on a curled-up rug at a public library, or if a state employee who is “on the clock” is driving negligently and causes a collision that injures you, what are your options, and what are the time limits for taking legal action?
In the State of New York, if the government or a government agency should be held accountable for someone’s personal injury, the state waives its right to “sovereign immunity” and allows the injury victim to proceed with a personal injury claim.
Claims against the state or a state agency must be filed in the New York Court of Claims, but instead of two or three years, a personal injury claim against the state or against a local government or government agency must be preceded by filing a notice of claim or intention to file a claim within ninety days from the date of the injury.
You Can’t Wait Until The Last Minute
But whether you bring a personal injury action against the government or against a business or an individual, the right thing to do is to not ignore the statute of limitations and act as quickly as possible.
You really can’t wait two or three years, or even ninety days, to begin the legal process. Evidence can disappear or quickly deteriorate. Witnesses’ memories fade, and over time, witnesses may also disappear.
What Will Justice Cost?
It’s always better to put a personal injury case in the right attorney’s hands as quickly as you can. After you’ve been treated for your injury or injuries by a healthcare professional, schedule a consultation with a Rochester personal injury attorney right away.
Your first meeting with a personal injury lawyer comes with no cost or obligation. You’ll learn how the law applies to your own case, and you will receive sound, personalized legal advice.
If you and your lawyer decide to proceed with an injury claim, you pay no attorney’s fee until and unless your attorney recovers the compensation you need and deserve. If you are an injured victim of negligence, compensation and the help of a good attorney are your rights under the law.