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How Soon Must I File A Personal Injury Lawsuit Before I Forever Lose The Right To Do So?

1 Aug 2017

One of the most frequently asked questions by those suffering from a personal injury is how long they have to file a lawsuit. It is important to know because there is in fact a timer of sorts running on how long one has before they are no longer legally allowed to file for damages in their personal injury case.

The clear answer for anyone suffer from an injury potentially caused by the actions or negligence of another is to file as soon as possible. As soon as you are physically able to, you should contact a personal injury lawyer and explain your situation to them. Give them every detail that you can in order to best explain to the personal injury lawyer what it is that has happened.

personal injury attorneys deal with injury cases all the time. They are well equipped with the information and understanding of how the law works in this particular area of it. You can trust them because they have spent many years working on cases just like your own. personal injury attorneys seek to obtain as much in damages as they possibly can for their clients. They are your number one advocate through it all.

The law website known as explains that in the state of New York most personal injury cases have a statue of limitations of three years. However, it goes on to explain that cases that one takes to NY personal injury lawyers involving the state of New York itself have a smaller time frame to be filed within. The statue of limitations for cases filed against the state of New York is just ninety days.

A personal injury attorney can review your case with you and see which statue of limitations may apply to you. It is very clear that no matter what the time limit is on your case, it is always best to move it along as quickly as you possibly can. You do not want to find yourself left out of potentially collecting damages because you waited too long to file.

Any personal injury attorney will tell you that if you fail to file your case with the court before the statue of limitations has expired, the court will not even hear your case. They will dismiss it and also not allow you to bring it forward at any time in the future either. The case will be considered too far in the past to be heard by the court. You will lose your right to compensation for this event.

Many personal injury cases are rather complex, and it is possible that the court could rule that you are at least a little bit at fault personally for what has happened to you. These types of determinations take time. The personal injury law firm that you go to will require some time to collect evidence that supports your claim. You will want to hire that personal injury law firm right away so that they can get their start doing this vital work.

It is possible in the state of New York to have a case in which the court determines that there is “shared fault”. This means that even the injured party has at least some responsibility for what has happened to them. That does not mean that you are left completely without the ability to collect some compensation though. Rather, the court will do it’s best to determine how much of the fault was yours percentage wise and how much of that fault belongs to the party you are suing. The damages collected can then be adjusted based on those percentages determined by the court.

The decision of the court is meant to be rendered in such a way that justice can come forth. It is up to that court to try to figure out what exactly happened and who was really at fault in a given situation. It is not an easy task, so you will want to make it as easy as possible on them by hiring a great team of lawyers who have worked on these types of cases in the past. They know New York law and how to get the best possible outcome for you.

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