When an accident victim is injured as a result of negligence or intentional actions of another party, a personal injury lawyer can assist in determining whether they have the right to pursue compensation for the damages the victim is facing. However, it is crucial to understand the time limitations associated with filing a personal injury claim in New York. This time limit is known as the statute of limitations, and it can vary depending on the type of injury and the circumstances surrounding the incident. Our team from Blitz Law Group, LLP can help their clients navigate the complexities of the statute of limitations and ensure that they complete all critical deadlines.
A personal injury lawyer carries a key role for victims of accidents pursuing damages for their losses and can help them understand how the statute of limitations can impact their cases.
What is a Personal Injury Lawyer?
When a person is injured due to another party’s actions or negligence, a personal injury lawyer brings forth the necessary experience to help reach the best outcome possible. It’s vital to be aware that lawyers practice different areas of the law, and only some lawyers can represent liability cases of this nature. A personal injury lawyer has training that is specific to representing individuals who have experienced losses that were the result of negligence. A personal injury lawyer can handle cases involving a wide range of accidents, for example:
- Car Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Premises Liability Cases
- Medical Malpractice
- Product Liability
A lawyer will work with their client to build a case, gather evidence, and finally negotiate a fair settlement with insurance companies. They can also play a key role in helping victims understand their legal rights and potential case outcomes.
Statute of Limitations in New York
Each state has varying deadlines for when a plaintiff can take legal action for a personal injury. The statute of limitations is the time a victim has to seek compensation. In New York, the state determines this deadline. The statute of limitations varies depending on the type of injury. In general, the statute of limitations for personal injury cases in New York is three years from the date of the incident.
Despite this, it’s essential to be aware that there can be exceptions to this rule. For example, if the victim was a minor at the time of the injury, the statute of limitations may be extended until they reach the age of 18, plus three years. In medical malpractice cases, the statute of limitations may be extended by two and a half years from the date or discovery of treatment, whichever comes first. Be aware that when the statute of limitations deadline expires, victims often stand the chance of losing their right to pursue compensation for damages. Because of this, taking action with help from a lawyer as quickly as possible is imperative.
How a Personal Injury Lawyer Can Help
Navigating the legal system can be a complex and overwhelming process. As a result, victims risk not having their rights protected and receiving undervalued settlement offers or, worse, claim denials. A lawyer can help to move through the legal process, help their clients to understand each step, provide recommendations for moving forward, and advise on the potential case outcomes. A legal professional will work closely with their clients to gather evidence, interview witnesses and strategize the legal process moving forward. Additionally, they will negotiate with insurance companies to ensure that their clients are not tempted to accept the first lowball settlement offer that comes their way.
Following an injury resulting from another party’s negligent actions, it’s imperative to schedule a consultation with a legal professional. A lawyer can value the case, help victims understand their legal rights, and ensure no critical deadlines are missed. Keeping the statute of limitations and other vital deadlines at the forefront of the process is essential. A lawyer can assist in meeting timeframes and helping achieve the best possible outcome for their clients.