Guidelines provide structure and support for a plethora of systems and processes, including personal injury claims. While it may seem that having a fixed period of time within which to file a personal injury claim is unfair, there are several very good reasons for why filing such claims needs to be streamlined and done as soon as possible.
Personal Injury Law
Personal injury law is a branch of both civil and common law that allows someone who has been injured, whether the injury is due to negligence, the intent to harm, or manufacturer’s defect, to receive compensation.
Compensation, generally in monetary form, is often pursued in personal injury cases specifically to cover medical costs. Compensation may also be pursued in order to defray costs related to an impairment in one’s quality of life, reputation, or a host of physical and emotional injuries.
Filing a Personal Injury Claim
In order for a personal injury claim to be legally made in New York State, it must be filed within three years from the date the injury was incurred. This allowance gives victims time to process their injuries, receive treatment, (hopefully) restore their level of functioning and livelihood, and regain the strength they will undoubtedly need to successfully handle the rigors of a lawsuit or claim.
Extensions on Personal Injury Claims
Despite what may appear to be ample time to file a personal injury lawsuit, some individuals require an extended period of time to file, and, for good reason.
Emotional Concerns
Accidents, no matter how severe, can be terribly traumatic and change your entire life. Some people require extensive therapy and time to heal not only on the outside, but the inside as well.
Physical Concerns
The healing process, whether it includes physical or occupational therapy, wound care, or learning how to walk with the use of adaptive equipment, can take more time than one ever thought it would. Additionally, some individuals do not heal fully, or at all. These victims require someone to act on their behalf, either as an advocate or proxy. As such, their physical concerns and limitations prove to be front and center for a very long time.
Statute of Limitations For Personal Injury Claims
New York State’s statute of limitations for personal injury claims encourages victims to seek the damages and compensation they deserve within a specific time frame. This time frame is helpful as it allows investigators the time they need to gather evidence from the accident scene. Ideally, this data should be collected sooner rather than later, largely so that it is as fresh and valuable as possible. Either way, the statute of limitations encourages the court system to proceed as accurately, factually, and meticulously as possible.
New York State’s Statute of Limitations
New York State has a three year statute of limitations for personal injury claims. It is important to note however, that the statute of limitations is a bit different for different types of personal injury. For example, personal injuries that are the result of car and truck accidents, as well as those borne out of another person’s or manufacturer’s negligence, have a three year limit. Personal injuries that result in wrongful death however, are allowed a two year filing period. Cases of medical malpractice are given two and a half years from injury to filing, while malpractice cases involving minors are given up to three years after their 18th birthday.
When it is Time to File a Personal Injury Claim
If you have been injured in New York and require the services of an attorney who can file a personal injury claim, you need to call personal injury lawyers in New York City
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