Dutchess County Personal Injury Attorneys

New York's statute of limitations allows for most types of personal injury cases to have a three year window. The deadline for filing the lawsuit starts the day the injury occurred. Any case that is brought to the attention of the court after the three years will likely not be heard. For additional information, you can find the New York statute of limitations on personal injury cases at N.Y. Civ. Prac. R. section 214.

What is Considered a Personal Injury in NY?

• A personal injury is an event such as a car & truck accident, slip & fall, dog bite, or other reason someone was injured unjustly
• Personal injury is considered a civil law issue, meaning you are able to sue and collect monetary damages from the opposing party
• Not all injuries need to be physical; emotional and psychological stresses may fit the criteria to file a claim

Is a Car Accident Considered a Personal Injury?

Yes, a personal injury means that you have sustained a type of injury due to a variety of situations including those suffered from the negligence of another driver or the defect of the car itself. An employer may be liable as well if the driver uses their vehicle for work purposes.

What is the Average Time to Settle a Personal Injury Case?

Unfortunately, since every accident case is unique, it's almost impossible to predict how long the claim would take. It can take 2 weeks to a couple of years for a settlement to be reached. It's always a good idea to contact an attorney as soon as possible after seeking initial medical attention so that they can get started on your case. The seriousness of your injuries and the care needed to get you well again are typically the most significant factors in the scope of your case.

Factors That Influence Waiting Time

Factual inconsistencies can cause your case to take longer. Hospital bills, care records, accident details, witness statements, photos of injuries, and loss of income are some of the conflicts that can be resolved by an attorney.

If you've ever been through the process of a personal injury case you know that the medical attention you receive is the most significant component of your lawsuit. It is important that you receive all of the care you need for your injuries in order to return to normalcy. You and your attorney will have a clear understanding of how these accidents will affect your life both in the short and long term.

Personal injury lawsuits may also require substantial sums of money due to high hospital costs. The insurance provider can take longer to resolve the claim due to the lengthy arbitration process for such large amounts.

Can I Sue For Pain and Suffering?

Suing for pain and suffering damages is not an easy task unless you have sustained life-altering injuries. These are considered non-economic damages and may account for a substantial portion of your settlement award. Here are a few examples of this type of injury:

• Death
• Dismemberment of a body part
• A major bone fracture
• Disfigurement
• Permanent limitation or loss of a body part or organ