Do you need to file a claim after an accident? Getting into an accident in New York can turn your life upside down. Whether it’s a construction accident, a car crash, a slip and fall, or any other type of personal injury, you’re likely dealing with medical bills, lost wages, and stress. But one of the most important things to keep in mind is the deadline for filing a claim. If you miss it, you could lose your right to compensation.
At Proner & Proner, we’ve been helping accident victims in New York and Connecticut for over 60 years. We know how confusing and overwhelming the legal process can be, and we’re here to guide you every step of the way. Here’s what you need to know about the time limits for filing a claim after an accident.
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Understanding the Statute of Limitations
The statute of limitations is the legal deadline for filing a lawsuit. In New York, this varies depending on the type of accident and who’s responsible. If you don’t file within the required time, you may lose your right to seek compensation.
Here’s a breakdown of the time limits for different types of accident claims in New York:
Traffic Accidents (Car, Truck, Motorcycle, Bicycle, and Pedestrian Accidents)
If you’re injured in a motor vehicle accident, you typically have three years from the date of the accident to file a personal injury lawsuit against the at-fault party. But there are some important exceptions:
- If the accident involved a government vehicle (like a city bus or police car), you need to file a Notice of Claim within 90 days and follow stricter deadlines.
- If the accident resulted in a wrongful death, the deceased’s family usually has two years to file a lawsuit.
Construction Accidents
New York has strong labor laws to protect construction workers. The time limits depend on the type of claim:
- Personal injury lawsuits: Injured workers generally have three years to sue for damages.
- Workers’ compensation claims: If you’re injured on the job, you must notify your employer within 30 days and file a workers’ compensation claim within two years to receive benefits.
- Claims against a government agency: If a public entity is responsible for unsafe conditions, you have 90 days to file a Notice of Claim.
Slip and Fall Accidents (Premises Liability Claims)
If you slip and fall due to unsafe conditions on someone else’s property, you usually have three years to file a claim against a private property owner.
However, if the fall happened on government-owned property, the deadlines are much shorter:
- You must file a Notice of Claim within 90 days.
- You have one year and 90 days to file a lawsuit against the government entity responsible.
Medical Malpractice Claims
If you’re a victim of medical malpractice, you have two years and six months (30 months) from the date of the malpractice or from your last treatment with the negligent provider to file a claim.
If a foreign object (like a surgical instrument) was left inside your body, you have one year from the date of discovery to file a lawsuit.
If the malpractice led to a wrongful death, the family has two years to file a claim.
Claims Against Government Entities
If a government agency (such as the New York City Transit Authority or a public hospital) is responsible for your injury, special rules apply:
- You must file a Notice of Claim within 90 days.
- You have one year and 90 days from the accident to file a lawsuit.
Wrongful Death Claims
If someone dies due to negligence, their surviving family members have two years from the date of death to file a wrongful death lawsuit. Different rules may apply if the death was caused by medical malpractice.
The best thing to do is, if you think you have a claim or would like to file a claim after an accident, contact an attorney immediately. You can reach us at 1800-321-1234. A consultation is always free.
Why You Shouldn’t Wait to File a Claim After an Accident
Even though you might have months or even years to file a claim, waiting too long can hurt your case. Delays can:
- Make it harder to collect evidence
- Result in lost or unreliable witness testimony
- Give insurance companies an advantage in denying or reducing your claim
- Cause unnecessary financial stress due to unpaid medical bills and lost income
Starting the legal process early allows your attorney to build a strong case, negotiate with insurance companies, and fight for the compensation you deserve. Call us right now:
Best Practices for Meeting Legal Deadlines
To protect your right to fair compensation, follow these key steps:
Get medical attention right away: Your health comes first, and a prompt diagnosis also helps document your injuries, strengthening your case.
Gather evidence as soon as possible: Take photos of the accident scene, collect police reports, and get statements from any witnesses.
Talk to a lawyer sooner rather than later: A personal injury attorney can assess your case and make sure all legal paperwork is filed on time.
Keep track of all expenses and damages: Save records of medical bills, lost wages, and any other costs related to the accident.
By staying proactive, you can build a stronger case and improve your chances of getting the compensation you deserve.
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How Proner & Proner Can Help
At Proner & Proner, we understand how overwhelming it is to deal with an accident. That’s why we:
- Offer free case evaluations to help you understand your legal options.
- Investigate your accident thoroughly to gather evidence and witness statements.
- Handle negotiations with insurance companies so you don’t have to.
- Take your case to court if necessary to fight for maximum compensation.
Do you want to file a claim after an accident? If you or a loved one has been injured, don’t wait until it’s too late. Call Proner & Proner today for a free consultation. With over 60 years of experience, we’re committed to fighting for accident victims in New York and ensuring they get the justice they deserve.
Get in touch with us now—your future depends on it.
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