Welcome to Hurwitz, Whitcher, & Molloy, where our dedicated team of attorneys specializes in personal injury and workers’ compensation law. When it comes to filing a personal injury claim in New York, time is of the essence. The statute of limitations for most personal injury cases in New York is generally three years from the date of the injury. However, certain cases, like medical malpractice or claims against governmental entities, have shorter timeframes. Missing this crucial deadline can result in the loss of your right to seek compensation, regardless of the merit of your case. That’s why our firm is committed to providing prompt, effective legal representation to ensure you don’t miss your opportunity for justice.
How long do you have to file a personal injury claim in New York?
At Hurwitz, Whitcher, & Molloy, we understand the crucial importance of timely filing for personal injury claims in New York State. Generally, you have three years from the date of the injury to file a lawsuit against the at-fault party. This three-year statute of limitations applies to most personal injury cases, such as car accidents, slip and falls, and product liability claims. However, it’s essential to note that there are specific exceptions to this general rule. For instance, medical malpractice cases typically require filing within two and a half years, and claims against governmental entities often have even shorter deadlines, sometimes requiring action within 90 days of the incident.
Given the varying and sometimes restrictive timelines for filing a personal injury claim, immediate action is often necessary to preserve your rights and maximize your chances of a successful outcome. Missing these deadlines usually means forfeiting your right to pursue any legal action, irrespective of the severity of your injuries or the clarity of the other party’s liability. That’s why our experienced team at Hurwitz, Whitcher, & Molloy is committed to acting swiftly and efficiently, guiding you through the legal maze to ensure that you meet all deadlines and have the best chance at obtaining the compensation you deserve.
How long do most personal injury claims take in NY?
The duration of a personal injury claim in New York can vary significantly depending on a range of factors including the complexity of the case, the severity of the injuries, and the willingness of both parties to negotiate or settle. Some straightforward cases may resolve within a few months, especially if liability is clear and the parties are cooperative. However, more complex cases involving serious injuries, multiple parties, or disputed liability can extend for a year or longer, particularly if a lawsuit is filed and the case goes to trial. It’s also worth noting that court schedules, legal procedures, and unforeseen challenges can add to the timeline.
At Hurwitz, Whitcher, & Molloy, we understand that the legal process can often be a source of added stress during an already difficult time. Our dedicated team of professionals is committed to expediting your claim as much as possible while ensuring that every necessary step is taken to maximize your compensation. We strive to keep you informed and engaged throughout the process, from the initial filing to potential settlement discussions or litigation, so you’re never in the dark about the status of your case. Our aim is to secure the best possible outcome for you in the most efficient manner, allowing you to focus on your recovery and well-being.
What is the statute of limitations for personal injury in NY?
Understanding the statute of limitations for personal injury claims in New York is critical for preserving your right to legal action. Generally, you have three years from the date of the accident to file a personal injury lawsuit in New York State. However, there are important exceptions to this rule. For instance, medical malpractice claims typically have a shorter window, requiring action within two and a half years from the date of the malpractice. If your claim is against a governmental entity, the timeframe can be even more restricted, sometimes requiring a notice of claim to be filed within 90 days of the incident. At Hurwitz, Whitcher, & Molloy, we’re committed to providing you with the timely and expert legal guidance you need to navigate these crucial deadlines effectively.
What are the elements of a personal injury claim in NY?
At Hurwitz, Whitcher, & Molloy, we believe it’s essential for our clients to understand the key elements that constitute a viable personal injury claim in New York. To have a successful claim, the following five elements generally need to be proven:
Duty of Care
The first element involves establishing that the defendant owed you a duty of care. This could mean that they had an obligation to act (or refrain from acting) in a manner that would prevent harm to you. For instance, a driver has a duty to obey traffic laws to prevent accidents.
Breach of Duty
The second element is showing that the defendant breached this duty of care. A breach could involve an action, like speeding, or an omission, like failing to repair a hazardous condition on a property.
Causation
The third element is proving causation, meaning that the defendant’s breach of duty directly resulted in your injuries. This often requires medical documentation and sometimes expert testimony to establish a clear link between the breach and the injury sustained.
Damages
The fourth element is quantifying the damages you’ve suffered as a result of the injury. Damages can be economic, like medical bills and lost wages, or non-economic, like pain and suffering. Documentation is crucial in proving the extent of your damages.
Comparative Negligence
New York operates under a comparative negligence system, meaning your compensation may be reduced if you are found to be partially at fault for the accident. Your ability to prove that you were less at fault—or not at fault at all—could significantly impact your settlement or award.
Establishing Liability
To prove a defendant was responsible for your injury, four questions must be answered:
- Were you injured, and can you prove the extent of the injury? (This is why medical records are vital).
- Did the defendant owe you a duty of care? For example, should the motorist have maintained their brakes, or kept their eyes on the road?
- Did the defendant fail in said duty? Was the motorist distracted or intoxicated, or did an employee neglect to put up warning signs or barricades?
- Did you suffer economic loss as a result of the accident?
If the answer to all four questions is “yes,” you have a viable case and a personal injury lawyer in Buffalo NY can help you.
Buffalo, NY Personal Injury Infographic
FAQ:
How do I prepare for a personal injury claim in NY?
Preparing for a personal injury claim in New York involves several key steps to bolster your case. First and foremost, seek immediate medical attention for your injuries and keep all records and documentation. Gather evidence, such as photographs of the accident scene, your injuries, and any property damage. Collect witness statements and contact information, if possible. Report the incident to the relevant authorities, whether it’s a motor vehicle accident report or an incident report at a business. Retain an experienced personal injury attorney like those at Hurwitz, Whitcher, & Molloy, who can guide you through the complexities of New York’s legal system, ensuring that all paperwork is filed correctly and within the statute of limitations.
What percentage do most personal injury lawyers take?
The percentage that personal injury lawyers take as their fee can vary, but it is generally based on a contingency fee arrangement. This means that the attorney is only paid if you win your case or secure a settlement. In New York, the standard contingency fee for personal injury cases often ranges from 33% to 40% of the total settlement or award. It’s important to discuss fee structures upfront with your attorney to understand all potential costs involved. At Hurwitz, Whitcher, & Molloy, we offer a transparent approach to legal fees, ensuring you understand the financial aspects of pursuing your personal injury claim.
How far back can you claim personal injury?
The ability to claim personal injury in New York is generally governed by a statute of limitations, which sets a deadline for filing a lawsuit. For most personal injury cases, you have three years from the date of the injury to file a claim. However, there are exceptions for certain types of cases like medical malpractice, which has a shorter timeframe of two and a half years. If you miss these deadlines, you typically forfeit your right to legal action. At Hurwitz, Whitcher, & Molloy, we strongly recommend consulting with an experienced attorney as soon as possible to ensure that you don’t miss these critical deadlines.
Can I claim for an old injury?
In New York, the ability to claim for an old injury largely depends on the statute of limitations applicable to your specific case. For most personal injury matters, you generally have three years from the date of the injury to initiate legal proceedings. Medical malpractice has a shorter window of two and a half years. If you’ve discovered the injury after some time has passed, the clock on the statute may start ticking from the “date of discovery” rather than the date the injury occurred, although this varies and has limitations. If you miss these crucial deadlines, you typically forfeit the right to pursue a claim. At Hurwitz, Whitcher, & Molloy, we emphasize the importance of acting swiftly to consult legal counsel, even if the injury is old, to explore any remaining legal avenues.
Contact A Personal Injury Lawyer In Buffalo, New York Today
When it comes to personal injury cases in Buffalo, NY, the legal landscape can be challenging to navigate, particularly when you’re already facing the physical and emotional toll of an injury. At Hurwitz, Whitcher, & Molloy, our seasoned team of attorneys is committed to providing comprehensive, client-focused representation that cuts through the legal complexities. We prioritize timely action to meet crucial deadlines and meticulously prepare your case to maximize your compensation. Whether it’s negotiating a fair settlement or advocating for you in court, we are your steadfast allies in this often complicated journey. Turn to us to ensure that your personal injury claim is handled with the expertise, care, and diligence it deserves.
Hurwitz, Whitcher & Molloy, LLP Buffalo Personal Injury Lawyer
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“Hurwitz Whitcher & Molloy Attorneys have been my Attorneys for a while now. In that time, each contact with them was handled in a timely, courteous, and professional manner. I highly recommend this firm if you require the type of services they provide. Much appreciation for their hard work and dedication.”
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