I Was Injured. When Do I File My Personal Injury Claim?


I Was Injured.  When Do I File My Personal Injury Claim?

A personal injury claim can arise from a variety of situations, whether it is due to a slip and fall, a car accident or product liability. The basis for these claims stems from negligence, that is, another person’s failure to use proper care, resulting in you suffering an injury.

Establishing a Personal Injury Claim

A negligence claim is established by meeting these four factors:

(1) there was a duty owed to you by another to maintain a certain standard of care,

(2) the other person breached that standard of care,

(3) the other person’s actions were the actual and proximate cause of your injury,

(4) and damages resulted. Damages are discussed in a two-part blog post found here.

Statute of Limitations

If you feel you are able to establish all elements of negligence for your personal injury claim, it is now important to find out where to file your claim so that it is in the proper jurisdiction, as well as within the proper statute of limitations period. If you fail to file within the statute of limitations, which is the specified period of time an individual is able to bring suit against another individual or corporation, you will miss your opportunity to have your case heard and it will be thrown out of court.

In New York specifically, slip and fall cases, car accidents, and other negligence resulting in personal injury, all have a statute of limitation that is measured as of three years from the date of the accident. There are some exceptions for minors, but for all cases it is best to file within three years.

Getting Help with a Personal Injury Claim

If you have a personal injury claim and need representation, please do not hesitate to reach out to the experienced team at Haicken Law by either calling us at 212-LAW-TEAM (212-529-8326) or using our online portal to contact us.

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About Matthew Haicken

I have been practicing personal injury and insurance law since my graduation from law school in 2007. In addition to years as a practicing lawyer, I also spent three years working at a large insurance company where I worked with excellent lawyers from around the country. This experience has proven invaluable. I gained insight into how insurance companies evaluate claims, and I learned the tactics they employ to fight personal injury lawsuits. I enjoy helping people through difficult situations and making a positive impact on the lives of my clients. When not practicing law, I am actively involved in NYSTLA, the New York State Trial Lawyers Association. We are a group that lobbies on behalf of injury victims. I believe the courthouse doors should be open to everyone, regardless of his or her immigration status, or financial situation. I am committed to fighting for a strong civil justice system that enables people who have been harmed to hold wrongdoers accountable.

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