A victim of a vehicle crash in New York where another party carries a degree of the blame can seek compensation by filing a personal injury suit. Most of these accidents come with a fair amount of complications, which can make it hard for someone without legal expertise to handle the procedure. You must understand New York accident laws, which is why hiring a personal injury lawyer is essential. The statute of limitations is one aspect that every claimant in an auto accident case must know about. Every state has set time limits for when victims can bring forth personal injury suits. If you fail to adhere to the statute of limitations, then you risk losing the case altogether. For this reason, the professional assistance of personal injury attorneys is required as soon as possible.
Statute of Limitations
The period allowed for claimants to file a case after suffering harm in an auto accident in New York is three years. From the day of the collision, you have to honor the statute of limitations or the court will refuse to hear your case. Depending on the facts involved in an auto accident case, it may take significant time to gather all the necessary information. It is why claimants are advised to contact specialty attorneys without wasting time. Waiting to file a personal injury lawsuit decreases your chances of getting compensation.
New York statute of limitations depends on the type of case so an personal injury lawyer can explain which regulations apply to yours. For one, it will matter if the suit is just for bodily injury or includes property damage as well. Auto accidents that result in wrongful death also have their elements. The three year is a general limit for injuries sustained in an accident involving a driver, motorcycle rider, passenger, pedestrian, or bicyclist. If your suit is only for compensation of property damage, then the deadline to file it is also three years.
Each state has exceptions for the statute of limitations for auto accident lawsuits. These are situations where the three-year rule may not apply. In New York City, claims against government agencies or municipalities are the exception because they require the victim to file a notice of claim within 90 days of the accident. For example, if the car crash involved a city transportation bus or was the result of bad road conditions, the claim will be against the responsible government agency. In this instance, a notice of claim must be processed first. A claimant then has one year to proceed with the suit. The procedures involved in filing notices of claim demand the skills of a legal professional who has dealt with public parties as defendants.
The Need for a Lawyer
Any number of factors can make it difficult for a vehicle crash victim to respect the statute of limitations for personal injury cases. Imagine a situation where an individual falls into a coma after suffering injuries in an auto accident. Such circumstances raise complications when filing a personal injury suit. An personal injury firm will know how to approach such a case in the best interests of the claimant. A host of other extraordinary circumstances may factor into a personal injury suit, which can influence the process.
When claiming compensation for personal injury and/or property damage, a lawyer has to conduct thorough investigations. For one, you must establish the standing of your case. What is the possibility of getting a settlement? A New York attorney will also need information about the negligence committed by the other party. Before asking for a compensation amount, your lawyer has to calculate the level of damage. All these elements require an attorney to invest significant time in research. It is by getting all the relevant data that a personal injury attorney will be capable of representing you adequately. Evidence is also time sensitive. Failure to start a personal injury suit promptly can compromise the quality of the proof involving your case.
Statutory laws in New York are complicated, and they can get even more complex depending on your auto accident case. Knowing the right time to file your accident claim makes a lot of difference. personal injury lawyers can help you start a claim when it is still possible to do so. If extraordinary circumstances exist in your case, an attorney knows which actions to pursue.