Do I Have to File My Injury Claim Right Away?
If you have been injured in an accident or car wreck, filing a lawsuit may be the furthest thing from your mind as you focus on recovering and receiving medical care. At Greenstein & Milbauer, LLP, we get it. An accident can be incredibly traumatic, and visiting the doctor regularly can be very time-consuming. This leaves little room to consider the legal ramifications of what has happened. This is one of the reasons why you should contact an attorney quickly after being in an accident.
Statute of Limitations After a Personal Injury in NY
In New York, you only have a set period of time to file a lawsuit after you have suffered a personal injury in NY. This is called the statute of limitations, and it was put in place so no one has an indefinite period of time to sue. Per state law, you have three years from the time you were injured to file a claim. Now, three years may seem like a long time, but it can go by very quickly. In order to make sure you never get close to reaching the statute of limitations, hire a lawyer after your accident and leave it in their capable hands.
What Happens If I Reach the Statute of Limitations?
You may be unable to file a lawsuit. That does not mean that you cannot still try to negotiate with the insurance company, but you will have lost all your leverage and are likely to receive far less than what you would otherwise.
Should I File a Claim Even If I Am Still Being Treated for a Personal Injury?
Yes, most definitely. Just because you file a claim, that does not mean your treatment needs to be complete or your medical file closed. In fact, if your injuries were moderate to severe, it could take years for you to feel better. As an attorney, we are used to making projections for what future medical bills could be, so when your claim is filed, you can seek financial compensation for the expenses you have incurred to date and what you are likely to spend in the future. Do not allow this concern to prevent you from filing your lawsuit; doing so could walk you dangerously close to the statute of limitations.
Get Legal Advice From NYC’s Best
We have been handling personal injury cases for a long time and would be happy to assist with yours. When you come in for a consultation, we will review the details of your accident and what has happened since then before giving you sound legal advice. We know how to negotiate with the insurance companies, how to work with doctors, and how to get you the best possible settlement offer. To learn more about our services, call 1 (800) 842-8462 or click here to schedule a free consultation.