Deadlines for Common Personal Injury Claims in Binghamton, NY
When you suffer injuries for which another party is to blame, it’s important to understand the statutes of limitations that apply to your case. The statute of limitations is the deadline set by state law for filing a personal injury lawsuit in civil court. If you miss it, you could lose your right to seek compensation. For personal injury claims in New York, the deadline is generally three years from the date of the accident. However, there are certain exceptions to the rule, which we will explore at length.
Common Personal Injury Claim Deadlines
Understanding the specific deadlines for various personal injury claims is crucial to protecting your right to compensation. Here are some of the deadlines for personal injury cases Scott C. Gottlieb, Injury Law Attorney routinely handles:
Car Accidents
There are two different timelines for car accident claims in New York due to the state’s no-fault insurance system.
The deadline is much shorter for Personal Injury Protection (PIP) claims, which are made against your insurer. To access these benefits, you must file your claim within a 30-day period that begins the day after the accident.
If your injuries meet certain thresholds, you may be able to file a lawsuit against the at-fault driver. The statute of limitations for these third-party claims is typically three years from the date of the accident.
Slips and Falls
If you’ve been injured in a slip and fall incident, the statute of limitations in New York is typically three years from the date of the accident. However, different deadlines apply to accidents that happen on public property. For example, New York State requires notice of a tort claim to be filed with the relevant state or local government within 90 days of the accident, after which you have varying time limits to bring suit, depending on whether the claim is against the state, the county, or cities, towns, or villages.
Construction Accidents
Construction accidents often involve multiple parties, including contractors, property owners, and equipment manufacturers. In New York, you have three years from the accident date to file a personal injury lawsuit. However, if the claim involves a workers’ compensation case, you should notify your employer within 30 days and file a claim within two years.
Mass Tort Claims
Mass tort claims, such as those involving defective products or dangerous drugs, can have more complex timelines. In many cases, the three-year statute of limitations applies. However, the clock may not start ticking until the date you became aware of the harm the product or drug caused you.
Exceptions to Deadlines
There are situations where the timeline for filing a personal injury claim can be paused, known as tolling. For instance, if the person injured is a minor, the statute of limitations may not begin until they turn 18.
Contact an Experienced Personal Injury Lawyer to Learn the Deadline in Your Case
The deadlines associated with various types of lawsuits can be confusing, but you don’t have to deal with them alone. The legal team with Scott C. Gottlieb, Injury Law Attorney can handle everything for you – from filing your personal injury claims to coordinating with insurance companies and doctors. Our focus is on securing the maximum compensation you deserve while you focus on healing. Contact us today for a free consultation so we can meet the filing deadline for your case.
