John A. DeGasperis, Esq.

Time Limits on Personal Injury Claims in New York

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If you were injured because of the negligence of another, you may want to consider your legal options. Keep in mind that the state of New York has a statute of limitations that limits the timeframe in which you can file your claim. Reach out to a dedicated Ulster County personal injury lawyer to learn more.

What is the statute of limitations in New York?

When filing a personal injury claim in New York, you will want to keep in mind that you will need to do so in a timely fashion. This is because there is a statute of limitations of three years. Note that the longer you wait to take legal action against the liable party, the harder it will be to fulfill the burden of proof.

However, there may be cases where individuals only have a matter of months to file a Notice of Claim, for example, in the event that they were injured on a public bus or other property owned by a municipality. For the reasons previously stated, it is critical to pursue legal action as soon as possible to ensure that you are able to obtain the compensation you need to move forward. Contact our firm today to ensure you meet each of your claim’s important deadlines.

How to prove a personal injury claim?

If someone is hurt in an accident as a result of another party’s negligence, they may want to consider their legal options. Keep in mind that the only way to recover financial compensation through a personal injury claim is by the injured party and their attorney satisfying the burden of proof. Essentially, this means that they have to provide as much evidence as possible to prove that they were harmed as a direct result of another party’s negligence. This is not an easy task, which is why it is in your best interest to have a skilled attorney on your side throughout the entire process. Some of the most useful kinds of evidence include the following:

  • Photos of the accident
  • Photos of the dangerous conditions that caused the accident
  • Witness statements verifying your claim
  • Surveillance footage of your accident
  • Medical documentation/medical bills concerning your injury
  • A copy of the police report filed at the scene of the accident

How can I recover compensation for my injury?

If you and your attorney have successfully fulfilled the burden of proof in your personal injury claim, you should be entitled to compensation for any economic and non-economic damages you have sustained as a result of your accident. Economic damages are constructed to reimburse you for any financial hardship you have incurred because of your accident. Economic damages can include the cost of your medical care, lost wages from being unable to return to work, and more. Non-economic damages are created to cover emotional trauma, disfigurement, pain and suffering, or any other intangible, but real damages you are facing after your accident.

Contact Our Experienced Ulster County Firm

If you require legal representation for personal injury matters in New York, contact John A. DeGasperis, Esq. to schedule an initial consultation to learn more about our services and how we can assist your upcoming legal process.