How long you have to file an insurance claim after an accident depends on the type of accident you were involved in and the nature of the claim you are making. No Fault benefit claims sought after one is injured in a car accident, for example, require claimants to file within 30 days. Any delay in filing timely could affect your ability to recover appropriate compensation.
A New York personal injury lawyer will provide more information about the deadline for submitting your accident claim. They will also help you understand your legal options and explain whether an insurance claim is likely to result in the compensation you need.
- Is There a Time Limit for Filing an Insurance Claim in New York?
- Is There a Deadline for Filing a Personal Injury Lawsuit in New York?
- What Are the Benefits of Acting Quickly to Submit Your Personal Injury Claim Following an Accident?
- Getting an Early Start on Your Claim Could Mean You Have Access to Time-Sensitive Evidence
- How Will a Personal Injury Attorney Help Me File My Case on Time?
- Speak to a New York Personal Injury Attorney About Your Case
Is There a Time Limit for Filing an Insurance Claim in New York?
In most personal injury cases, victims file a claim with the at-fault party’s insurance provider to recover compensation for the expenses and losses they endured.
The timeline for the claims process will differ depending on the specific facts of your accident injury. For example, if someone was hurt on the job in a construction accident, or on city property in a slip and fall, or if your loved one suffered a wrongful death in an elevator accident, each case type may involve different time-limit considerations. A personal injury attorney could help you understand the steps necessary to seek compensation under each of these circumstances and make sure action is taken in a timely manner.
As mentioned above, if you are filing a no-fault claim after an auto accident, the New York State Department of Financial Services states policyholders must contact their insurer as soon as they are able to. Generally, this means you have 30 days to submit a no-fault claim to your insurer. There are sometimes exceptions to this timeframe, but they may require documentation and it is certainly preferable not to put oneself in a position where an exception is relied upon
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Is There a Deadline for Filing a Personal Injury Lawsuit in New York?
Each state sets a statute of limitations on personal injury lawsuits. This is the deadline by which the victim, or the plaintiff of a lawsuit, must file their case. In New York State, the statute of limitations for injury accidents is found under New York Civil Practice Laws & Rules § 214. This generally gives you three years to file your case. However, as in the example of the three case types provided above, different limitation periods can apply. While the general three-year period would likely apply in the construction accident case, the slip and fall claim against a municipality would have a 1 year and 90-day limitation period, (together with a requirement to serve a Notice of Claim within 90 days,) and the wrongful death claim arising out of the elevator accident would have a 2-year statute of limitations. The point is that the importance of taking appropriate action before the statute of limitations expires cannot be overstated. If it is not complied with, the consequences are fatal to the potential claim. There will be no determination on the merits of the case. This is why a review of your situation as soon as possible post-accident is so important. An experienced personal injury lawyer will inform you of applicable time limits and present your options.
What Are the Benefits of Acting Quickly to Submit Your Personal Injury Claim Following an Accident?
You cannot receive a payout for your injuries until you file your claim or lawsuit. While there is no way to predict how long it might take to secure compensation, an appropriate payout will not occur before you document your injuries, build a compelling case, and contact the insurance company about your claim.
By negotiating a settlement or winning a payout at trial, you might receive money for
the following types of damages:
- Current and future medical bills and related costs
- Lost income and reduced earning capacity, when applicable
- Pain and suffering
The amount of compensation you will recover depends on the details of your case. Our personal injury law firm will pursue justice on your behalf. We will not hesitate to seek the amount of compensation you need. When you work with us, you do not need to stand up to insurance adjusters on your own.
Getting an Early Start on Your Claim Could Mean You Have Access to Time-Sensitive Evidence
Recovering appropriate compensation for your injuries also requires evidence. To get the settlement you deserve, you will need to show:
- Who caused the injuries
- How their carelessness or recklessness hurt you
- The injuries, expenses, and losses you incurred
The sooner you begin gathering evidence to support your case, the better. Some evidence does not last long after an incident or accident. You might be unable to identify eyewitnesses, businesses might not save surveillance camera footage, and other evidence could disappear.
With enough notice from you, your attorney will gather all relevant evidence to support your insurance claim, such as the police report, your medical records, statements from eyewitnesses and expert witnesses, and surveillance and dashcam video.
Most accident claim lawyers will not negotiate a lawsuit or go to trial until their client has reached maximum medical recovery, is healed, or has a strong understanding of their future care needs. However, they will build a case as soon as the client hires them to ensure they collect as much evidence as possible.
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How Will a Personal Injury Attorney Help Me File My Case on Time?
As long as you hire your New York personal injury lawyer in time to meet the applicable deadlines, they will work to protect your right to seek appropriate compensation through a lawsuit. Working with a law firm that handles cases like yours frequently comes with many benefits beyond understanding and managing the case timeline. You should expect that your attorney will:
- Keep you updated on your case
- Identify all potentially liable parties
- Communicate with the insurance carriers and all involved parties for you
- Investigate what happened and gather evidence
- Determine a value for your case
- Keep you informed of all legal deadlines
Personal injury lawyers generally handle all aspects of a New York injury case. They understand victims need to focus on healing and returning to their previous lifestyle. They want you to return to your job or take the time to focus on your rehabilitation while they seek an appropriate payout based on your injuries and the costs you endured.
Speak to a New York Personal Injury Attorney About Your Case
At Friedman & Simon, L.L.P., our personal injury lawyers passionately advocate for the injured. We provide free case reviews and ensure our clients understand their rights. Staff will discuss your case with you in Spanish, Greek, Bengali, Tamil, or Kannada as necessary. We will meet you on Long Island or anywhere in the New York metropolitan area.
Submitting a claim through insurance isn’t always a straightforward process. Our accident lawyers will assess your claim type to help you understand the timeline for your case. We are dedicated to helping you seek appropriate compensation.
Call us today or use our online contact form for a free consultation with our team. We will answer your questions and offer legal advice.