Car accidents are common, and drivers often suffer injuries ranging from mild to severe. You may file a legal claim to recover compensation from the person responsible for the crash, but you must do so within a certain amount of time. How much time you have to claim your injuries may differ depending on what course of legal action you take.
You must file a personal injury lawsuit within the statute of limitations, which is 3 years. However, under specific conditions, plaintiffs may have the statute tolled and their time extended. Insurance claims also come with time limitations, but these may depend on your insurance provider, and you should review your insurance policy with a lawyer. It is best to start your claim early, as you need time to collect the necessary records to support your claim.
Call The Carrion Law Firm at (718) 841-0083 and get a confidential, free case review from our New York car accident lawyers.
How Long Do You Have to File a Civil Personal Injury Claim?
After a car accident, you may have the right to file a personal injury claim if you have a valid cause of action. However, this right is not without limitations, and you only have so much time to prepare and file your case. If you cannot file on time, you might be time-barred from filing and never get fair compensation.
Personal injury lawsuits are known for being time-consuming, and your case may be subject to the statute of limitations under C.V.P. Law § 214. Typically, plaintiffs have 3 years from the date of the accident to file a case. While 3 years might sound like a long time, it can take months or longer to prepare a case for filing, and time is of the essence.
While the statute of limitations is strict, it may be flexible under the right conditions. Our New York car accident attorneys may have the statute tolled and your time extended if you are a minor or have legal disabilities that prevent you from filing your claims, according to § 208(a). For minors, the limitation period would not begin until they turn 18, and those with legal disabilities may have the statute tolled until their disability is removed.
Claiming Car Accident Injuries Through Insurance in New York
Auto insurance is required of all drivers, and it is a typical first course of action after an accident. Insurance claims and your time to file them may vary based on your insurance provider.
New York is a no-fault state, and drivers must carry personal injury protection (PIP) insurance that covers them without having to prove who caused the accident. This is your own policy, and you do not have to go through the other driver’s insurance to get compensation. It is best to file your claim as soon as possible.
Generally, you should file an insurance claim no later than 30 days unless you have a good reason for filing later. If something prevented you from submitting a claim sooner, be prepared to explain your situation to the insurance company.
Even if you are unsure about claiming your injuries, or you still need more information about the accident before you can submit a claim, contact the insurance company anyway. They can help you determine when you must submit your claim, what information you need, and whether the insurance policy covers your injuries.
The Best Time to Claim Injuries After a Car Accident
There might not be a “perfect” time to claim injuries after a car accident, as this can vary from case to case. Generally, it is better to file claims quickly, but there could be value in waiting a bit before filing anything.
As said, it is often smart to file injury claims as soon as possible after a car accident. Acting quickly often shows an insurance company that your needs are serious and immediate. If you plan to take your claims to court, acting quickly may allow you to gather more evidence before it is lost.
While claiming your injuries is important, you might have more pressing needs. You should deal with more urgent needs first, especially medical care. Once the dust has settled, talk to your attorney about your legal claims.
Sometimes, waiting a little while to claim injuries might be helpful. If your injuries do not respond well to treatment or otherwise worsen over time, we might have a better idea of your prognosis and medical expenses when we file your claim.
Records You Need to Claim Car Accident Injuries in New York
You cannot prove your case based solely on your word. While your testimony may be important, we need certain records about the accident and your injuries to give your claims strength and legitimacy.
Certain records about your case may be compiled by law enforcement agencies that responded to the accident. While police reports are usually inadmissible in a lawsuit, they can guide us to evidence uncovered by the police that is admissible. Also, police reports are often required for insurance claims.
Other records we need might come from the hospital where you received treatment for your injuries. Doctors must thoroughly document everything about your injuries and the treatment they provide. Medical records can help us prove your injuries in court and establish the value of your damages.
What Happens if You Wait Too Long to Claim Injuries After a Car Accident?
Filing a personal injury case takes time, but if you take too long, you might jeopardize your case.
First, if you wait a long time before contacting an attorney about your claims, you risk losing evidence. Accident scenes often contain lots of evidence that disappears quickly if nobody collects it. On top of that, witnesses might move away, and memories of the accident might become fuzzy.
We must also consider the statute of limitations. If you wait so long that the limitation period closes, you might be time-barred from filing the case.
Speak to Our New York Car Accident Attorneys as Soon as Possible
Call The Carrion Law Firm at (718) 841-0083 and get a private, free case assessment from our Wyandanch, NY car accident attorneys.