What Is The Time Limit For Filing A Personal Injury Lawsuit In Queens, Nyc?

Each personal injury case differs. The time limits for your claim will be determined by the circumstances of the case. You generally have three years from the date of the accident to file your claim. Although three years may seem long, we recommend that you act immediately.

Your lawyer in queens in ny will need to gather a variety of evidence and documents as part of your personal injuries case. It takes time and effort to gather evidence, so it is crucial that you get started quickly. Your workers compensation lawyer in nyc and you should take every advantage possible. If you have been injured, get your case started today by contacting a personal injury lawyer in queens at Michael Dreishpoon.

Call us at 917-521-5491 to get started with your case

The Legal Theory of Recovering Compensation in a Queens Personal Injury Case

Negligence can be a legal term. Like any other law, you have to prove various elements to prove your claim. The elements of a negligence claim are:

• Duty of care. It means the other person owes you a duty of care. For example, all drivers have a duty not to cause injury to others.
• Breach. We show here that the party at fault made an error.
• Causation. We need to show that an accident was caused by a mistake.
• Damages. Damages is the legal term for "harm." Harm can be in the form of medical bills, pain and suffering, property damage and more.

Which type of compensation can you receive?

Many Queens accident survivors want to learn how to collect the money they need to cover their expenses and medical bills. This is undoubtedly the most pressing thing on their mind, after their health and recovery.

To collect the money, you may first need to file a claim with your Personal Injury Protection (PIP), insurance policy. You may also need to file some claims with your health insurance provider. However, once you exhaust your PIP, you must then file a claim with the "at fault" party to recover damages.

To make sure you receive compensation for the past, current, and future effects of the injuries on your life, you will need to carefully determine what damages to claim for the responsible parties. Michael Dreishpoon will help you complete a thorough assessment of the extent of your injuries.

These are the most popular damages that can be recovered in a personal injury case:

• Medical expenses. These expenses will include the cost of medical care resulting from the accident. Common medical expenses include emergency transportation, hospital stays, doctors' bills, and prescription medications. You should also consider less obvious expenses, such as the costs of future medical care, assistive devices like wheelchairs, and long-term rehabilitation needs.
• Loss of income. You should pursue compensation for your lost wages and salary if you are unable to work due to the accident. You should also consider the future earning potential. If your injuries will limit your ability to perform certain job duties or to work full time, you can collect compensation for lost earning potential.
• Property damage. If your property sustained damage in the accident, seek recovery for repair or replacement of the damaged property. These damages are common in car accident cases where the vehicle suffers damage or destruction.
• Pain and suffering and emotional distress. You may be able to recover money for pain and suffering or emotional trauma that is a result of your injuries.
• Loss of enjoyment. If you are no longer to participate in activities that you previously enjoyed due to your injuries, the jury may decide to award damages to compensate you for these losses. For example, if you were an avid piano player but have suffered an injury to your hands, this would be a basis for recovery.
• Loss of consortium. The injured person's family member must file his claim. The victim's family member must file a loss of consortium claim to receive compensation for their loss of a relationship, which includes an intimate relationship.
• Punitive damages. Punitive damages are not intended to compensate for any specific injury. Instead, they punish the defendant for egregious behavior. These damages are awarded at a very high standard in New York.

Do not wait to file an action to ensure full recovery. States have set time limits for the payment of compensation following an accident. In New York, the statute of limitations for many personal injury claims is three years but it is only two and a half years for medical malpractice claims. If you fail to bring the action by then, you will lose your right to recover compensation.

Failure to timely file a lawsuit is not the only way the liable parties may try to avoid paying their share of the damages. Liable parties may claim you are partially to blame for the accident. This could be because of failing to take reasonable care, or failure to seek timely medical attention. You may be offered a lower settlement than you are entitled to. Our Queens personal injury attorneys will work with you to ensure we bring your case promptly and help you secure the best possible recovery.