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Deadlines to File for a Personal Injury Lawsuit in New York

Deadlines to File for a Personal Injury Lawsuit in New York

When a person becomes injured due to another party’s negligence, that individual may wish to file a personal injury lawsuit. A personal injury case exists to hold a negligent party responsible for any injuries that happen as a result of their neglect. There are cases in which people hesitate to bring a lawsuit against a negligent party for a long period of time after an accident. This may be because of the fear that they cannot afford the legal fees that come with the lawsuit. It may also be because they do not wish to cause any further trouble. This is usually seen if the claim was being filed against a relative or friend.

However, many people do not realize that personal injury attorneys are paid on a contingency basis. This means the attorney is only paid in the event that they recover an award for the injured party. In addition to this, the attorney’s payment is typically taken out of the award that is recovered.

New York’s Statute of Limitations

If an individual is hurt as a result of a personal injury accident, it is important to not wait too long to pursue a lawsuit. This is because there is a statute of limitations on an individual’s time to do so. A statute of limitations is a time limit that people are required to meet in order to file a lawsuit against another party. In the state of New York, injured individuals that are involved in a personal injury accident have a three-year statute of limitations from the date of the injury to go to court and file a lawsuit.

If the injured party fails to file a lawsuit within this three-year time limit, the state of New York may not allow them to bring a lawsuit against the negligent party.

Notice of Claim Requirements

There can be a different process in pursuing a lawsuit for individuals who were injured as a result of the negligence of a municipality. When this happens, the individual may have to file a Notice of Claim. This gives notice to a municipality that the individual plans to bring a lawsuit against them. In the state of New York, individuals only have a period of 90 days from the date of their injury to file a Notice of Claim. It can be beneficial for people to have an experienced personal injury attorney at this time to help them navigate their case.

Contact our Firm

If you or someone you know sustained an injury in a car accident and wishes to speak with a skilled attorney, contact the Law Offices of Hausman & Pendzick today.

Hausman & Pendzick effectively represents victims of neglect in Westchester County and across the state of New York. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.

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