What Are The Time Limits For Filing A Personal Injury Lawsuit In New York?
The statute of limitations for any personal action brought in the state of New York is three years from the date of the accident.
Should I Notify My Insurance Company Regarding An Auto Accident? What About The Other Party’s Insurance?
You should definitely notify all insurance carriers associated with a car accident. In the case of your own insurance company you should put them on notice of a no-fault claim which will pay your medical bills that are associated with your injuries as a result of the accident and also put your insurance company on notice of any possible claims against you as the other driver and the other insurance carriers in the case that you are making an affirmative claim against the other driver.
What Are Some Defenses Insurance Companies Use To Avoid Paying Injury Claims?
The defense of a personal injury action obviously depends on the specifics of the case. But generally defense attorneys may attack a plaintiffs claim on the ground that there was no liability, that is the defendant did nothing wrong that caused the accident. The plaintiff sustained no or minimal injuries as a result of the accident or that the injuries the plaintiff claims were not causally related to the accident, that is they had a pre-existing condition that was not exacerbated by the accident
Why Is It Important Not Only For My Health And Safety But Also For The Success Of My Injury Claim To Seek Timely Medical Attention After An Accident?
If a person has been in an accident and sustained personal injuries, I would recommend that they seek the medical care that they require immediately or as soon after the accident as possible. This will not only help their case but obviously get the emergency care that they need to start the healing process.
What Factors May Cause My Auto Injury Case To Go To Litigation?
If there is liability on a defendant that caused personal injury to a plaintiff in an automobile accident and the defendant or insurance carrier for the defendant does not offer a reasonable settlement in a reasonable amount of time, I generally put that case into litigation. That is I start a lawsuit against the defendant and we proceed through the litigation process.
Can Someone Handle An Auto Accident Claim Without An Attorney In New York?
In my experience a pro se plaintiff in an automobile accident will not know how to navigate the litigation or settlement process and will not know what their case is worth in a monetary sense and will generally accept a settlement that is far less than the full value of the case.
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