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How Long Do I Have to File a Personal Injury Claim?

How Long Do I Have to File a Personal Injury Claim?

Monday, September 24th, 2012

According to New York state law, you have three years from the date of the accident that caused your injury to file a personal injury claim against the negligent party. This timeframe is known as the “statute of limitations.” If you are unable to negotiate a successful settlement with the other party – for example, if an insurance company refuses to pay you the full measure of compensation you are due – you need to file a lawsuit before the statute of limitations runs out.

However, this is one exception to this rule: if you did not discover your injury until long after the incident that caused it, the three-year timeframe will begin from the date you discovered your injury. This is called the “discovery rule.” For example, if you suffered a traumatic brain injury in a car accident, but did not start experiencing symptoms until much later, your case would fall under the discovery rule.

It is always best to start your personal injury case as soon as possible after your accident. This way, an attorney can thoroughly investigate the circumstances of the accident while important evidence is still readily available.

If you have been seriously injured because of another person’s negligence or recklessness, please contact Charles N. Rock, PLLC today to schedule a free case evaluation. We represent personal injury victims in Bronx, Brooklyn, Kinston, Queens, Manhattan, and Poughkeepsie, New York.
Category: Personal Injury
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