How Long Do You Have to File a Lawsuit for Personal Injury?

If you are injured because of another person’s negligence, recklessness, or carelessness in New York, you generally have three years to file a personal injury lawsuit against the at-fault party, according to the New York Civil Practice Law & Rules (CVP) §214.

If you decide to hire a lawyer to represent you in your pursuit of financial compensation, they may explain how long you have to file a lawsuit for personal injury. Your lawyer may also explain any extenuating circumstances that might alter the filing deadline. According to the CVP §208, examples of these circumstances may include minors and people with disabilities.

Missing or not knowing the filing deadline might put your lawsuit in jeopardy. Your assigned lawyer may use your police report, incident report, medical records, and other definitive documentation to confirm the date the injury occurred so that your case gets filed on time.

You Should File Your Lawsuit Even if It Never Goes to Court

Like many personal injury cases, your case is more likely to be resolved with a financial settlement than by going to court. That does not mean you should ignore the statute of limitations. Your lawyer may negotiate with the at-fault party’s representative to reach an out-of-court settlement, but it is not guaranteed.

If a settlement cannot be reached and the filing deadline has passed, you might not have any further legal recourse for compensation. That could mean that the at-fault party cannot be compelled to compensate you for your expenses and losses.

If your lawyer is able to negotiate a settlement amount you agree with, you should be aware that:

• You will make the final decision, not your lawyer
• Your acceptance is final and cannot be changed
• You cannot ask for more compensation after accepting a settlement

These factors make valuing your claim correctly a critical part of its success. A claim that is undervalued might lead to inadequate compensation. Work closely with your lawyer to ensure your claim or lawsuit is accurately valued and fully covers your financial expenses and losses.

You Might Be Entitled to Multiple Types of Damages

The purpose of a personal injury claim or lawsuit is for an injured party to receive financial compensation from an at-fault party. If you and your lawyer are able to prove that the other party’s negligence led to your injuries, you may be able to collect economic and non-economic damages.

Economic damages are fixed expenses that might come with a bill or receipt. These damages may include medical bills, loss of income, property repair bills, and property replacement costs. Your lawyer may help you compile proof of these expenses and include them in your demand letter for compensation.

Noneconomic damages are equally compensable but can require more complex calculations. Your lawyer can help determine the monetary value of intangible damages, such as pain and suffering, mental anguish, emotional trauma, physical disfigurement, and physical disability. Your legal team will work hard to fight for the compensation you might be entitled to receive to cover your damages.

Types of Negligence that Might Lead to a Personal Injury Claim

Not every accident that causes injury will entitle its victim to financial compensation. When you review your accident and its cause with one of our team members, we may determine whether you are eligible to seek compensation. For example, car accidents are frequent causes of personal injury claims and lawsuits. Personal injury cases may also involve:

• Slip, trip, and fall accidents
• Motorcycle accidents
• Dog bites or attacks
• Medical malpractice
• Wrongful death
• Physical assault

If you are interested in seeking financial compensation after an accidental injury, talk to a local law firm representative about the circumstances around the accident. If your legal team can determine another party’s negligence caused your accident, they may work hard to argue this point and help you fight for compensation.

Do Not Hesitate to Pursue the Compensation You Need

If you or someone you love was injured in an accident or incident caused by another person’s negligence, you might be eligible to receive compensation for your damages. Filing a personal injury claim or lawsuit can be complex, especially if you are unfamiliar with the litigation system. One of the most important parts of your case will be knowing how long you have to file a lawsuit for personal injury.

Our team will work hard to ensure your claim is filed on time and that your chance to pursue compensation is not placed at risk. Contact the client care team at Morelli Law Firm by calling (212) 751-9800 today.